Wrongful death lawsuit against NASCAR driver Tony Stewart moved to federal court

Tony Stewart
FILE - In this Aug. 29, 2014, file photo, NASCAR auto racing driver Tony Stewart reads a statement during a news conference at Atlanta Motor Speedway in Hampton, Ga. Stewart is scheduled to race Sunday at Watkins Glen International Raceway for the first time since 2012. He missed the 2013 race with a broken leg, then skipped the race last season following the accident in which his sprint car struck and killed Kevin Ward Jr. the night before the race. AP Photo/John Bazemore, File)

WATERTOWN, N.Y. (AP) – The wrongful death lawsuit filed by the family of a driver killed by NASCAR star Tony Stewart’s car on a western New York dirt track has been moved from state to federal court.

The action was submitted Friday by Buffalo lawyer Brian Gwitt, who is representing Stewart in the suit filed by Kevin and Pamela Ward. Their son Kevin Ward Jr. was fatally struck when he walked onto the track at Canandaigua Motorsports Park on Aug. 9, 2014.

Gwitt justified the move to federal court because the Ward family lives in upstate New York and Stewart lives in Indiana. The Wards’ attorney, Richard Meadow, hasn’t said if he’ll challenge the move.

Ward’s parents requested a jury trial seeking unspecified monetary damages. The filing by Stewart’s attorney states the Ward family is expected to seek more than $75,000 in damages.

Copyright 2015 The Associated Press. All rights reserved.

 

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