Tony Stewart continues fight against wrongful death lawsuit

It has been nearly 3 years since an accident at a dirt track in Central New York involving former NASCAR driver Tony Stewart, killed driver Kevin Ward Jr. Tony Stewart was cleared of any wrong doing by a grand jury, but to this day the Ward family continues to push forward with their wrongful death lawsuit against Stewart. Now, Tony Stewart is trying to get some of the claims in the lawsuit dismissed.

Footage captured by a race fan in August 2014 showed the moments leading up to the accident, which was witnessed by hundreds of other horrified race fans at Canandaigua Motorsports Park in Central New York.

In a deposition about the accident, submitted March 28, Tony Stewart said "It was a split second from the time I saw a person until I got to the person. I attempted to change direction," he said.

But the family of Kevin Ward Jr. maintains Stewart is responsible for the death of their son. In documents filed Tuesday, they say Stewart: intended to maneuver the car as he did, intended to throw dirt on Kevin Ward Jr., intended to scare or humiliate Ward Jr. , intended to graze him or intended to cause serious injury.

Those accusations contradict an accident analysis submitted by Tony Stewart and his lawyer, which says Stewarts car was pointing down the racetrack, in an effort to avoid Ward and his car. To show Stewart was not steering towards Ward, the report used an illustration showing Ward was only hit by the back of the car.

In even more documents submitted by Tony Stewart and his lawyer, the driver of the #45 car which can be seen in a fan video, says he narrowly missed Kevin Ward Jr. In his deposition he stated he believed the next driver, who was Tony Stewart, would not have had time to avoid contact.

The Ward family admits driver #45 missed Ward because he was driving "appropriately" for a track under caution. They continue to argue Stewart has a history of "violence both on off the track". Within the more than 300 pages of documents in the wrongful death lawsuit, they reference a helmet throwing incident to show what can happen when a "superstar refuses to be bullied."

A hearing is scheduled for April 28 in U.S. District Court. That's when a judge could dismiss some of the claims against Stewart

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