Stewart responds to wrongful death suit

Tony Stewart

Tony Stewart claims he did not see Kevin Ward Jr. until just prior to his sprint car striking the 20-year-old driver and that Ward actually tried to make contact with Stewart's car in the accident that resulted in Ward's death. Stewart's local attorney, Brian Gwitt, filed the Stewart response Friday to the wrongful death lawsuit brought by Ward's parents. The response, filed in U.S. District Court in Utica, N.Y., states that Stewart didn't even know who it was on the track at the time, and that Ward was responsible for his own death because he not only walked out on to an active race track but also because he was under the influence of marijuana at the time. The three-time Sprint Cup champion has never talked publicly about what happened that night, other than to say it was "100 percent an accident."

"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," the Stewart response states. "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 pervious 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." Stewart, in his answer to the complaint, denies the allegations that his actions resulted in Ward's death. He claims that the Ward's father, who owned the car, also had a responsibility to make sure his driver did not use drugs prior to the event. Stewart also said that the Wards gave up their right to sue other participants in the race as part of the waiver signed to compete in the event. No trial date has been set. A scheduling conference is set for Oct. 8. ESPN.com