By Jerry Jordan, Editor
UTICA, N.Y. – Both sides in the wrongful death lawsuit brought by the parents of Kevin Ward Jr. against NASCAR team owner and three-time champion, Tony Stewart, agreed Thursday that a settlement in the matter had been reached and there was no reason to continue with the case.
Tony Stewart Leaves Courthouse_KTT VID
Ward was killed after he exited his sprint car and approached Stewart’s moving racecar under caution at Canandaigua Motorsports Park on Aug. 9, 2014. Video showed Stewart tried to swerve and miss him but Ward was caught by the back tire and died from the impact.
Pamela and Kevin Ward Sr. filed a lawsuit in New York Superior Court about a year later, which was later removed to the U.S. Northern District of New York on a motion from Stewart. During the hearing Thursday, U.S. Judge David Hurd said he called the settlement hearing to ensure a agreement had been reached given the contentious nature of the discovery process and during multiple settlement conferences.
Judge Hurd asked the Wards if they understood the settlement they had entered into and whether they had anything the would like to address the court about. Kevin Ward Sr. declined to comment but understood the confidential settlement restrictions.
However, Pamela Ward told the court, “I feel as though I have no other choice” regarding her signing off on the settlement agreement.
“I do understand what I have signed … our ultimate goal was to hold Tony Stewart accountable for what he did to our son on that night,” she continued.
She said she wanted Stewart to be judged by “a jury of his peers” but the settlement negated any recourse they could seek in court.
The judge next turned to Stewart, who was sitting solemnly next to his attorney, if he wanted to address the court. He declined.
It was at that point the attorneys for both sides began discussing issues with keeping the terms of the settlement confidential and that a “surrogate” court appeared reticent to do so. Judge Hurd the entered an order to retain jurisdiction over the case until its final disposal and order a copy of the signed settlement agreement be “filed under seal” with the U.S. District Clerk’s Office.
Judge Hurd said he would later dismiss the case “with prejudice,” which means actions cannot be later brought by either party in the case.
A copy of the settlement agreement was placed into a blue envelope and handed to a U.S. Marshal.
Upon leaving the courthouse, neither Kevin Ward’s parents nor their attorney had any comments.
Stewart left the courthouse and walked to an awaiting Ford SUV. He declined comment, as well.