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NASCAR driver Tony Stewart (14) waits for the race to being before the NASCAR Talladega auto race driver introductions at Talladega Superspeedway, Sunday, May 1, 2016, in Talladega, Ala. (AP Photo/Brynn Anderson)
NASCAR driver Tony Stewart (14) waits for the race to being before the NASCAR Talladega auto race driver introductions at Talladega Superspeedway, Sunday, May 1, 2016, in Talladega, Ala. (AP Photo/Brynn Anderson)Brynn Anderson/Associated Press

Tony Stewart Loses Court Case Against Insurance Company over Kevin Ward Death

Joseph ZuckerJul 29, 2016

Federal Judge David N. Hurd ruled Friday that Axis Insurance Company won't be held liable for any financial damages Tony Stewart would have to pay as a result of Kevin Ward Jr.'s death, per Dustin Long of NASCAR Talk.

Ward died in August 2014 when Stewart inadvertently hit him during an Empire Super Sprints race at Canandaigua Motorsports Park in Canandaigua, New York. Ward had exited his vehicle to confront Stewart while the race was under caution. The autopsy revealed the 20-year-old died as a result of massive blunt trauma.

Authorities investigated Stewart, but a grand jury declined to bring any criminal charges against the Sprint Cup driver in September 2014.

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Ward's family filed a wrongful death lawsuit against Stewart in August 2015.

"[Ward] would be alive today if not for the reckless and dangerous actions of [Stewart], who eventually will have to answer for what he did," said Mark Lanier, an attorney representing the Ward family in a statement from the Lanier Law Firm. "The past year has been extremely difficult for Kevin's mother and father, and they're still trying to cope with their unimaginable loss."

ESPN.com's Bob Pockrass shared a portion of Stewart's response:

"

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 afterwards. Stewart was not aware that Ward, Jr. had crashed because the crash was behind him, and was not aware that anyone was walking on the track. Stewart did not know Ward, Jr., and had never had a previous track incident with him. Ward, Jr. approached Stewart's car and attempted to make contact with it. As a result of Ward. Jr.'s actions, Ward, Jr. was killed.

"

According to Long, Axis Insurance successfully argued Stewart's policy didn't include coverage for Empire Super Sprints events.

The discovery deadline for the lawsuit is Jan. 6, 2017, while the two parties have until Feb. 8 to file any motions following discovery, per Pockrass. Hurd has yet to select a date for the beginning of the tria

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