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Discussion in 'Motorsport' started by GTPorsche, Aug 10, 2014.
If he was responsible, the law would have determined that. They didn't.
I can't believe it was that long ago.
Giving a Semi-Expert opinion, having shadowed Lawyers of all kinds in the office and in the court room, all from civil, Criminal and Business.
What I'd assume is going on, their lawyer, (Not that great of one anyway) told them that the upcoming date of their sons death, and coroner repot (saw all the crappy puns, had to give one) would result in their statue of limitations being up, being that they could no longer take any legal action against Tony Stewart, so the Ward's Lawyer tossed together a half-baked plan and Barely, got the paperwork in on time to file the suit. Decided to open up the suit up any how to try and get Stewey to settle, however. Knowing how Stewey and his Lawyers acted and reacted during and after the prime of the investigation. They will most likely not settle as they have won regardless, unless they do settle...hopefully not. That will be showing fault, the case will close and not be able to be reopened...but you don't even want to open that can of worms.
In most cases such as this, the Ward family are looking for Damage claims, however, to do so, you have to price the damages, you can not price a life, it is something that has happened a handful of times in law. Not counting settlements, so, if they really wish to take it to court, there has to be evidence of gross negligence, negligent homicide or negligence of some kind, which as we all know, a Grand Jury declined to convict Stewey of.
To wrap up, a couple possibilities exist, their Lawyer is one of the ****tiest human beings in the world, draining the Ward family of money, looking for gain like Rob Kardashian, or just money. Or, the family truly believes that Tony meant to kill him.
Regardless, at this point there is nothing that is happening with either party that will change, or any new evidence to support any Gross Negligence or Manslaughter claims. Unless Stewey and his team settle, which hopefully they wont, otherwise nothing will come out of this.
There's my two cents, hope I help anyone that may have been fretting over it. Nothing to worry about. Now all we need to see is Stewey get back out on the dirt and win!!!
Edit: I am not through Law School yet, this is entirely opinion from what I've experienced and learned in the court room, office and through some summer classes.
If what you state is true, I may have found something that further proves how crappy their lawyer is:
But at the same, something else has just occured to me: The fact that this matter is being pressed in spite of the zero gain they'll get leads me to believe that what they are actually doing is trying to Guilt Tony into giving them money. I'm pretty sure Tony's Lawyer's will also point out this flaw.
I shadowed, well, wasn't really allowed...lol, but followed a case very closely where there was an accidental death, much like this, different circumstances of course, at least In Ohio Law, I believe a couple other states, there is no way to prove that he was going to be successful, or even have any future support or care for his family for that matter. If it has been upheld in Ohio, if they were to go to court, they would most likely take from here, or any other state that has upheld a similar decision. The legal term is Stare Decisis. Meaning that you uphold precedents set by other courts.
Being that most damage cases are after the final decision in a case, normally result in a settlement, or fall through the floor. I'd say the Ward's Lawyer doesn't think he has gotten enough money yet, and was looking for a big payday this time last year, which never happened. He stepped up to AAA Ball, straight from High-School. It's greed, he bit off way more than he can chew, so he's in damage control mode, probably promised the family an unrealistic settlement. It's a shame that it happens, but it does. Not a Lawyers are there for the good of people.
When this news broke, I'm sure Tony and his Lawyers had already talked. One thing is for certain, I seriously doubt, anyone is losing sleep over this.
You know what else I just thought of after reading that? That lawyer isn't there for the sake of that Family, he's there for himself. In fact (its actually beginning to make me fume at the thought of this), he's actually manipulating both his clients AND Stewart by using their emotions to give him money. I'm honestly beginning to think that he's actually feeding on the Ward family's grief and using that to then Leverage guilt on Stewart.
That is exactly what I was getting to. Didn't want to come out and blatantly say it, but hinted at it when I said not all Lawyers are there for the good of people. Bob Odenkirk's character says it best on Better Call Saul "No, only half of us are idiots, the other half are crooks" Though, its more like 1/3 are idiots, 1/3 are crooks, 1/3 genuinely care. Their lawyer is two of the 3, and not the latter.
My reasoning for wanting to become a Lawyer are for deep personal reasons. There are too many Lawyers like the Wards family, too self interested, and don't care. I've read a lot of stories blah blah blah, you can't change the world, it changes after the first cases you get, rape, murder of a little girl...both...I understand that, from having shadowed a case where the mother was shot dead in her car, and her week old daughter was in the back seat and was grazed by bullets...never figured out who did it..think it was a gang initiation from one in Cincinnati, that's the biggest lead. But, getting off topic.
Well, technically speaking, Tony has never taken a life. Kevin Ward took his own.
Which is true in that sense. Still, its gonna haunt him for the rest of his life and that in itself is already its own prison sentence.
Speaking of which, does anyone know where to find the second video? I know a writer up north for Dirt Digest and he said in the second one you can see him clearly reaching to grab the car, I've been wondering for the past month or so can anyone else confirm this or get the video?
That video was not publicly released.
Would make sense for a writer to maybe find a way a hold of it.
How so? I doubt it, personally. I just tried a new search for the second video, no sign of anything anywhere. My guess is that unless your friend was part of the investigation then he's shooting a line, not particularly helpfully.
I believe the second video was solely submitted to the authorities as evidence and didn't see the light of day anywhere else. That means no one is going to find it to view it.
He wasn't I don't believe. But never know, I didn't believe he was a writer at first and he is, decent at that for a small website and such. I don't believe he saw the video, but he may know better than some people. Told me that in the second view you can see him reach for the wing after he was waving his finger at him. Maybe true, maybe not, that is all hearsay on my part.
Darwin Awards nominee on Kevin Ward Jr.
I slowed down the first video an analyzed it a good bit when this all happened last year, and to me it all seemed like he was angry during the finger waving and trying to get his point across, but when realizing Stewart wasn't able to miss him, he threw his hands up in a natural reaction to try to protect himself. No human being consciously believes they can grab onto part of a vehicle moving at high speed (which Stewart's was), so I don't think you can really claim that he was trying to grab the car.
Now I have however seen a situation where you can claim malicious intent (which is what I'm assuming you're trying to do with Ward reaching for the car). This occurred at Bowman Gray a few years back when a driver was dragged by a competitor in a similar situation to this, except where the other driver had slowed down to a very slow pace (<5mph) and the wrecked driver grabbed onto his car. The other driver than sped up trying to get away from the driver on track who had grabbed him, however he didn't let go and was dragged for quite a while before falling off dangerously close to either being run over by the car or being squeezed between the wall and the car. Thankfully nobody was seriously injured, although it could have easily turned deadly.
In this example you can claim malicious intent on both parties with reasonable certainty.
I use to like Bowman Gray, I think at this point, the guys that go out there and crash and get in fueds are paid to do so. I do remember that one you posted though. But most the time, I just think its an entertainment factor at this point. No sanctioning body would let what goes on at Bowman continue to happen. That specific one you posted, wasn't one of those cases though.
Edit: GOD I HOPE TONY WIPES THE DAMN FIELD. Talking about this garbage on race day. Sorry if this is cold. No more prayers and thoughts need to be with the Ward family at this point anymore. Keep em coming for Tony though.
That honestly has no relevance to what happen, Marijuana would A.) Worn Off, but still in his system. B.) Not make him act in anger, so on. He was just a hot head. Who happened to have smoked some weed. People will find any kind of scape goat, So long as they do not have to face the reality of things. Being that he acted in an irrational way because he was a hot-head.
Makes a great headline though.
If you're that kind of hot head, you don't need Marijuana to act irrationally.
I thought you said you were studying law? Without knowing the quantity that he smoked at that time, without knowing the strength, without knowing if it was habitual... you really cannot make that statement. It's like when your friend says he saw Kevin Ward raise his arms in the second (non-public) video to "grab hold of the wing" rather than as a split-second defensive action - you simply can not know his state of mind.
You forgot to open with, "objection!"
EDIT: I knew it was announced somewhere at the time; as Stewart was cleared by the DA it was reported by CBS that Ward's toxicology results showed a high enough level of marijuana to 'impair judgement'.
Valid point, just experiences and papers I've written on it. I didn't take into account that he could have smoked a gram blunt of OG Kush beforehand. If it was habitual it would take that depending on usage. Lol
Source: High School - Not my proudest memories. Some of the best though
Yes it does.
Edit: Sorry for Double Post
My friend Stan, an inveterate NASCAR fan who attends many of the races and has a lot of inside contacts, is glad Stewart is being sued. He says that in the one available video, all cars seen passing by Ward are out of gear and idling, but Stewart is in gear and audibly goosing his engine, sending his "thumper" (huge right rear tire) out to the right, which ultimately collected Ward in the massive tread blocks.
To my knowledge, the standard for a conviction in a civil suit is far lower than in a criminal case.
I repeat my prediction that the suit will never come to trial.
Yet in the video that is released, the two Sprint cars before Tony, nearly hit him. Tony would have hit him head on had he not gassed it. Imo. The suit wont, shouldn't at least.
Goosing the throttle is how you turn that type of car. It isn't proof that he is trying to hit or scare the kid.
Stan explains that when the car is goosed, the rear end steps out to the right (initiating the turning of the car) due to the massive difference between left and right rear tire circumference (stagger).