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NASCAR auto racing driver Tony Stewart reads a statement during a news conference at Atlanta Motor Speedway in Hampton, Ga., Friday, Aug. 29, 2014. Stewart says the death of Kevin Ward Jr. will
NASCAR auto racing driver Tony Stewart reads a statement during a news conference at Atlanta Motor Speedway in Hampton, Ga., Friday, Aug. 29, 2014. Stewart says the death of Kevin Ward Jr. willJohn Bazemore/Associated Press

Tony Stewart Responds to Wrongful Death Lawsuit Filed by Family of Kevin Ward Jr

Alec NathanAug 28, 2015

On Aug. 7, the parents of Kevin Ward Jr. filed a wrongful death lawsuit against NASCAR driver Tony Stewart stemming from their son's death last August at Canandaigua Motorsports Park in New York. Now, Stewart has come forward with his side of the story.

According to ESPN.com's Bob Pockrass, Ward's family contends Stewart didn't "steer clear of Ward while all other drivers remained a safe distance from [him], and hitting the gas on a 700 horsepower sprint car proximately caused the untimely death of Kevin."

However, Pockrass reported that Stewart's attorney submitted a response to the lawsuit in U.S. District Court indicating his client was not at fault after the 20-year-old Ward was walking around the track following a crash.

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"Stewart was not aware that anyone had exited their vehicle," Stewart attorney Brian Gwitt wrote. Gwitt added Stewart "did not see Ward Jr. or anyone else walking on foot on the track until just prior to contact, and did not know the identity of the person walking on the track until afterward."

Gwitt also submitted toxicology reports revealing Ward was in violation of race guidelines because he had smoked marijuana "within five hours" of the event.

Stewart was not criminally charged by a grand jury last September after the collision was deemed an accident, but Ward's parents are seeking undisclosed monetary damages.

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