Tony settled.

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Tony settled.

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:evil: :evil: :evil: :evil: :evil:

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Five weeks before trial, Tony Stewart and the parents of Kevin Ward Jr. have told the court that they have reached a settlement to the wrongful-death lawsuit against the three-time NASCAR Cup champion. Judge David Hurd has set a settlement hearing April 12 for the sides to put the terms of the pending settlement on the record. A settlement would end the civil lawsuit filed about a year after Ward’s death Aug. 9, 2014, in an Empire Super Sprints race at Canandaigua (N.Y.) Motorsports Park.
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Re: Tony settled.

Post by HiddenHollow »

I'm glad this tragedy can finally be put in the rear-view mirror, both for Tony and the Ward family.

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Re: Tony settled.

Post by Annalee »

Money never solves anything...It won't bring their son back....Plus what does it say about the waivers and rules signed by the drivers....You can smoke pot and drive and by the way if that driver does something stupid he's not responsible ...There is something very wrong with judges who create laws and judges who should be judiciasating and upholding laws, not legislating from the bench....Typical upstate New York..... I know Tony is just ready for this to be over with....:s_mad :s_mad :s_mad
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Re: Tony settled.

Post by im4tony »

Well said Annalee. It never should have gotten to this but I am glad it is behind Tony although it will never be truly over.
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Re: Tony settled.

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Bob Pockress, NASCAR

Tony Stewart has asked for a settlement hearing scheduled for Thursday in the wrongful-death lawsuit filed by the parents of Kevin Ward Jr. be canceled or postponed because “they have executed a confidential settlement agreement for which no further action by this court is required.” The Stewart filing cites a 2004 U.S. appeals court opinion that honoring the parties’ express wish for confidentiality may facilitate settlement, which courts are bound to encourage.

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Re: Tony settled.

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Federal judge again rules against NASCAR’s Tony Stewart

By Jerry Jordan, Editor

UTICA, N.Y. – U.S. Judge David Hurd denied a request by Anthony (Tony) Stewart to appear via teleconference – due to a scheduling conflict with team sponsors – for a settlement hearing today at 2 p.m. in the wrongful death lawsuit brought by the family of Kevin Ward Jr.

Stewart’s attorney explained that he was at his home with sponsors of his team and the event had been planned for several months. It was unexpected a settlement hearing would be set at the time of the planning based on the letter and the court’s decision this past week to bring both sides before the bench after a settlement was reached.

“Mr. Stewart respectfully seeks the Court’s permission to participate in the hearing remotely by telephone due to his pre-existing commitment to host more than a dozen representatives of a race-team sponsor at scheduled events in Columbus, Indiana,” the court brief file Wednesday. “The events will run late into the evening tonight (April 11), with many of those representatives staying at Mr. Stewart’s home. This event was scheduled several months ago.

Judge Hurd, who has repeatedly ruled against Stewart filed what is known as a “text order” mandating Stewart personally appear in the courtroom.

“Pursuant to the Notice and Order dated April 2, 2018 directing that Counsel and parties shall appear in person in USDC Utica, NY, this late request is denied in full. Signed by Judge David N. Hurd,” the docket entry reads.

Additionally, the appearance is being ordered for a hearing in which both plaintiffs and defendant sought earlier in the week to jointly cancel or reschedule – a decision that was also denied by Hurd early Wednesday.

Denying a joint motion to cancel or reschedule a hearing is almost unheard of, according to multiple attorneys questioned by Kickin’ the Tires. In fact, according to the filing by both sides, the Judge Hurd appears to be overstepping his boundaries in ordering the in-person hearing to begin with.

“… under the relevant New York statute, a court is authorized to approve a wrongful death settlement only upon ‘the application of an administrator . . . or a personal representative.’ N.Y. Est. Powers & Trusts Law § 5-4.6(a). Here, no such application is pending. Moreover, Plaintiffs have already initiated the Surrogate’s Court process for approval, as authorized by New York law,” the motion states.

Attorneys listed four additional reasons why the Thursday hearing shouldn’t occur, not including a previously-mentioned fact that because both parties have “executed a confidential settlement agreement for which no further action by this Court is required.”

Hurd didn’t care. In denying the joint motion to vacate the settlement hearing, Hurd wrote, “The attorneys have completely missed the point.”

“The purpose of the hearing is not to approve the settlement or to reveal any confidential information. In view of the history of the case, it is to determine on the record if a binding, signed settlement agreement, general release, and stipulation of dismissal have been made,” he wrote. “If so, the Clerk of the Court will be ordered to issue a Judgment of Dismissal with prejudice, the jury trial scheduled for May 7, 2018 in Utica, New York, will be canceled, and the case closed. If not, the jury trial will proceed as scheduled. The late request to vacate or continue the in-person settlement hearing is DENIED. As previously ordered, the plaintiffs, Kevin A. Ward, Sr. and Pamela Ward, and the defendant, Anthony Wayne Stewart, are directed to appear in court with counsel on Thursday, April 12, 2018, at 2:00 p.m. in Utica, New York.”

Per attorneys for both sides, Hurd is placing an undue burden on plaintiffs and defendant as they will now be required to cover additional attorney fees, travel costs for themselves and their attorneys, as well as, additional ancillary costs that are not yet known.

“In light of the foregoing, such costs and inconvenience are unnecessary to the resolution of this case,” the joint motion states.

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Re: Tony settled.

Post by Annalee »

Who is his judge!?! All he is looking for his moment of fame....Typical upstate NY Judge...He is over 80years old and three of his last rulings have been overturned by the 2nd court of appeals for predudicial bias......I can't believe it...

Jan 10, 2012 ·
In a unanimous, scathing decision, the 2nd Circuit US Court of Appeals once again overturned Judge David Hurd (Federal Court - Utica) regarding his extremely biased ruling against NYS Police ...

We can hope Tony's case gets thrown up to the 2nd Circuit court of Appeals......Sad very sad...



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Hon. David N. Hurd
U.S. District Judge

David N. Hurd is a United States District Judge for the Northern District of New York. At the time of his appointment in 1999, he was a United States Magistrate Judge in that District.

Judge Hurd earned his B.S. degree from Cornell University in 1959 and his J.D. degree cum laude from Syracuse University in 1963.

From 1963 until 1966 he was an associate with the firms of Coughlin, Dermody, Ingalls & Guy; Abelove & Myers; and Ferris, Kehoe, Tenney & Murnane. He served as a part-time Oneida County Assistant District Attorney from 1966 until 1967, when he joined the law firm of O'Shea, Griffin, Jones & McLaughlin as an associate, becoming a partner in the firm of O'Shea, Griffin, McDonald, Hurd & Stevens in Rome, N.Y. in 1970 and remaining as such until becoming a United States Magistrate Judge for the Northern District of New York in 1991.

Judge Hurd was a member of the College Council of the State University of New York Institute of Technology at Utica/Rome from 1977 until 1994, serving as its Chair from 1979 until 1994.

He is a Fellow of the American College of Trial Lawyers, and a member of the Rome Bar Association, Oneida County Bar Association, Albany County Bar Association, and New York State Bar Association.
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Re: Tony settled.

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Kevin Ward's family says it settled with Tony Stewart due to financial reasons

Nick Bromberg | From The Marbles | Apr 13, 2018 12:07 PM


The family of Kevin Ward said in court Thursday that it had agreed to a settlement with three-time Cup Series champion Tony Stewart because of financial reasons.

The Ward family filed a wrongful death suit against Stewart after Kevin’s death on Aug. 9, 2014. Kevin Ward died when he was struck by the right-rear tire of Stewart’s car during a sprint race at Canandaigua Motorsports Park. The two drivers had been racing for position and Ward hit the wall. He climbed from his car and walked down the track, apparently to confront Stewart. He was then flung down the track after he was hit.

Stewart was not criminally charged in Ward’s death. Investigators said there wasn’t evidence of a criminal act and noted that Ward was under the influence of marijuana at the time of his death.

The family had sued Stewart hoping for a judgment in their favor but agreed to a settlement last week because of the potential legal costs of a wrongful-death trial. The terms of the settlement are not public.

“Our whole goal was to hold Tony Stewart accountable,” Pamela Ward said in court Thursday via ESPN. “I wanted this case to go to trial. … That was our ultimate goal to get justice for my son.”

Stewart testified that he hit the accelerator on his car to try to drive away from Ward in the split-second that he saw Ward approaching his car. Ward’s family contended that Stewart pitched his car in the direction of Ward on purpose.

Stewart and his legal team had tried to dismiss the suit on the grounds that the waivers Ward signed to participate in the race prevented the family from suing.

According to ESPN, both the Ward family and Stewart declined to comment after Thursday’s hearing finalizing the agreement.

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Re: Tony settled.

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Mother of Kevin Ward Jr.: 'I have no other choice' but to settle with Tony Stewart

By Julie McMahon | syracuse.com | Updated 10:42 AM; Posted Apr 12, 3:29 PM



UTICA, N.Y. -- The family of Kevin Ward Jr. agreed in court today to settle a wrongful death lawsuit, but Ward Jr.'s mother told the judge she felt like she had "no other choice."

Ward Jr. was 20 years old when he was killed in a sprint car race at Canandaigua Motorsports Park on Aug. 9, 2014.

He walked out on a live race track after his car was sidelined in a collision with Stewart. On Stewart's next lap around the track, his car struck Ward Jr., killing him.

The family filed a lawsuit a year later.

"Our ultimate goal in this process was to hold Tony Stewart accountable for what he did to our son on that night," mother Pamela Ward said today.

The parties did not state the terms of the lawsuit in court, except to say a sum would be paid in exchange for all claims being dropped. Lawyers said the parties agreed the settlement would remain confidential, but Stewart and the family were free to discuss the facts of the case.

For two-and-a-half years, Stewart and the Ward family were not able to reach a settlement. They were slated to go to trial in May.

U.S. District Court Judge David Hurd today characterized much of the parties' settlement negotiations as "not too pleasant or cooperative."

After court-ordered mediation was complete, Stewart asked Hurd to toss the case. Hurd declined, issuing a decision last year allowing the family's claims to move forward.

Last week, two months before a trial was set to begin, the parties alerted the judge they'd reached a resolution.

Hurd ordered Stewart and the family to appear in Utica today to discuss dismissing the case. Stewart asked to call into the hearing from Indiana because of previously scheduled plans, but Hurd insisted he appear in person.

In court, Hurd gave the parties a chance to speak. Stewart declined, as did Kevin Ward Sr.

Ward's mother Pamela, however, paused before responding to the judge's question of whether she was prepared to settle the case.

"I feel as though I have no other choice, your honor," she said.

The judge questioned whether she understood the private settlement agreement she'd already entered into with Stewart.

"I did understand what I signed your honor," she said. "I wanted this case to go to trial so he could be held accountable by a jury of our peers. That was our ultimate goal, to get justice for our son."

Today, the mother said she felt like she had no other options but to settle. She mentioned the family had "no other means," but did not elaborate.

She and other family members declined to comment after the hearing as they exited out the front entrance of the federal courthouse.

Stewart left out of a side door without responding to questions from reporters.

Hurd agreed to dismiss the case once the parties resolved a few technical issues. He asked the parties to file the settlement agreement with the court under seal, noting that was proper because no public entities were involved in the lawsuit.

As he concluded the hearing, he thanked Stewart for making arrangements to fly to Utica. He wished the Ward family good luck in moving forward from the tragedy.

:arrow: http://www.syracuse.com/news/index.ssf/ ... ewart.html

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Re: Tony settled.

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Possible reasons Tony Stewart decided to settle the Ward Jr. lawsuit

Bob Pockrass, NASCAR | April 19, 2018

Tony Stewart testified that he did nothing wrong when his sprint car struck and killed Kevin Ward Jr. nearly four years ago. He has called the tragedy a "100 percent" accident.

But he has settled a wrongful death lawsuit brought by Ward's parents for an undisclosed amount. The Wards alleged that Stewart recklessly handled his race car and maneuvered toward their 20-year-old son, who had gotten out of his car and approached Stewart's car under caution during the Aug. 9, 2014, Empire Super Sprints race at Canandaigua (New York) Motorsports Park.

Stewart wouldn't comment on the settlement after the court hearing last week.

The settlement wasn't a surprise to those who follow such cases. New York is a comparative negligence state, so if a jury put any percentage on Stewart being at fault, it could have awarded the Ward family money.

"A trial is a risky strategy," said Lauri Eberhart, former executive vice president and general counsel for Speedway Motorsports Inc. and founder of the Apollo Sports & Entertainment Law Group. "There are big gains, and there are big losses. ... You throw it into the wild card of a jury, saying, 'OK, jury, you decide how much Mr. Ward was at fault, and you can parse out a percentage.' It's an unknown."

Matt Jones, host and founder of Kentucky Sports Radio and a former attorney, said the reasons to settle typically break down to whether the celebrity sees the possibility of a loss, wanting the issue to go away and the potential of a trial bringing out something embarrassing in the past.

"Any of those three are plausible scenarios for Stewart," Jones said. "I don't know which one, but all of those are things that could happen."

In New York, a family cannot get damages for its pain and suffering. But it can get damages for the victim's pain and suffering and any fear of pending death. Those amounts can crack $1 million in some cases in New York. Then again, the jury could have determined that Ward knew the risk when he got out of his car and ruled totally in favor of Stewart.

Jones said what Stewart would have paid for the trial likely wasn't as much as what he has paid in legal fees since the lawsuit was filed in August 2015, but the settlement could have been less than any verdict. The trial alone would likely cost at least $100,000 -- if not upward toward $500,000 in legal fees -- said Eberhart, who is familiar with motorsports liability cases, having worked for SMI.

"Even if there's nothing at fault, there's still a cost going through a public trial," Eberhart said. "It comes down to a cost-benefit analysis and what is the most logical business decision on the part of our clients, but also what is in the best interest of protecting their image in the court of public opinion."

The Stewart case isn't the typical accident and includes vehicles the general public does not drive. As such, though it isn't rare for both sides in wrongful death cases to present experts backing their views, the experts would have had to explain how a sprint car works and how it handles to a jury who likely have never driven (nor seen a race) of sprint cars.

"Let's say there's an 80 percent chance my guy is believed. There's still a 20 percent chance [the Ward expert is] believed," Jones said. "But if I can get off now paying one-tenth as much as he's asking for, you play the numbers, and it may make sense.

"The other thing is, the more technical it is, the harder it is for juries. ... There comes a point that people worry that juries will decide on which of the two they like. And you don't know."

Eberhart said experts tend to cancel each other out in the minds of jury members if they can't figure out which expert to believe in a technical case.

"It's going to be the other evidence that comes in that's going to sway the jury," Eberhart said. "And then you've got a grieving family that's very sympathetic, whether or not he was under the influence or he somehow contributed to the accident."

The fact that Ward had marijuana in his system could have impacted whether the jury felt Ward was partially responsible for his own death and could have impacted the amount awarded. But the jury also could have ruled that a nonfactor (that it didn't impact whether Ward walked on the track and didn't impact whether he suffered and had fear), focusing totally on what Stewart did and what would be expected from a race car driver in that situation.

Jones said the marijuana issue would likely have focused on whether there was enough marijuana in Ward to dictate his actions.

"It's hard for me to see how that matters, but it might be the case somebody is arguing by having marijuana in his system, he got out of the car when he shouldn't have, and it wouldn't have happened otherwise," Jones said.

A trial also could have opened up Stewart's past, as the Ward family likely would have attempted to use his temperamental history as evidence of what he was thinking at the time. Whether the judge would have allowed that testimony was never determined. Stewart had an ex-girlfriend, Jessica Zemken, in the race. She is the woman Stewart referred to as "dead weight" when he won at New Hampshire following their breakup in September 2011.

A judge would have had to determine whether Stewart's past is reasonably related and relevant to the ongoing proceedings and then determine the impact of such evidence, said Matt Morgan of Morgan & Morgan, a well-known firm that represents plaintiffs in liability cases.

"The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time or needlessly presenting cumulative evidence," Morgan said.

How a judge decides on that information could have "a significant impact" on the case, Morgan said.

"Things like Tony Stewart's driving history, Tony Stewart's actions on the track and similar things in the past -- all of that is going to be relevant," Jones said. "There might just be something he doesn't want to have [out there]. I had a client years ago saying, 'I don't want my life to be on trial.'

"In situations like this, where basically you're trying to guess what was in Tony Stewart's mind when this happened, you almost can't help but put Tony Stewart the person on trial."

Stewart still has sponsors and a race team to think about when considering the potential impact of a trial.

"You've got the risk of the public narrative turning negative, and so you eliminate that risk by going ahead and settling even if you're not at fault," Eberhart said.

On the Wards' side, Pamela Ward said in court last week that they didn't have the financial means to proceed toward trial, and she felt she had no choice but to settle.

Attorney Mark Lanier told USA Today that the settlement would have been more than the family could have expected to receive if it had won the case and then expenses were deducted.

Lanier declined to elaborate when contacted by ESPN.

If the family had won at trial, Stewart would have appealed the verdict based on liability waivers Ward -- and his father, as the car owner -- signed prior to the race. U.S. District Court Judge David Hurd ruled the waivers as unenforceable, but if an appeals court reversed that controversial ruling, a new trial could have been conducted -- and could've put the Wards on the hook for Stewart's legal fees.

"It creates a scenario in which the plaintiff could be responsible for paying the legal fees and costs of the defense, should an unfavorable verdict be rendered in the matter," Morgan said.

By settling, both sides also avoided reliving the tragic night.

"You've got the intimate, graphic details of someone's demise that gets played out in the public every day. ... There's an emotional cost going through that very public trial," Eberhart said.

It would have been that way for both sides, though it appeared the Ward family was prepared.

"The family is forced to relive their loss during the pendency of the entire case," Morgan said. "Answering questions under oath, looking at gruesome pictures, going over the details of the death of their loved one and more. It is difficult to begin the healing process while continuing to relive the tragedy. However, for many families, obtaining justice for their loved one carries the day."

The question, of course, is whether the Ward family would have obtained justice with a jury ruling. Even if Stewart won, would he have helped himself in the court of public opinion, or has public opinion already been formed by what people have seen and read?

"If I was making an educated guess, I would say the plaintiffs' attorneys probably didn't think it was the strongest case, but Tony Stewart also knew if he lost, it could be a ton of money," Jones said.

"And if a jury were to believe that Tony Stewart did it on purpose, they're going to pound him. ... It's hard to imagine a situation where a jury would say, 'It's your fault, but we're not giving them much money.'"

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