News

Tony Stewart hits and kills fellow racer

Discussion in 'Other Racing' started by toil, Aug 10, 2014.

  1. Fast_ian

    Fast_ian Two Time F1 World Champ

    Sep 25, 2006
    23,267
    Campbell, CA
    Full Name:
    Ian Anderson
    As Jay Leno once noted about the half pipe dude who got busted at the Winter Olympics a while back;

    "In exactly what way is pot performance enhancing?"
    .....
    "Unless there's a big ol' Hershey bar at the bottom!"

    ;)

    Cheers,
    Ian
     
  2. itschris

    itschris Formula 3

    Sep 15, 2011
    1,167
    Florida
    Full Name:
    Chris
    Que the eye-roll... the family are suing anyway. I understand the grief, but at some point you have to accept that your precious son, daughter, father, mother, etc may have done a very stupid or bad thing and that the result of those decisions led to what happened to them... and it's their own fault. Let it go. Grieve and remember them. Don't punish others. But as always... an opportunity to make some dough never seems to hurt.

    "The Ward family indicated in a statement read over the telephone by his sister, Kayla Herring, that they will seek civil damages.

    "Our son got out of his car during caution when the race was suspended. All the other vehicles were reducing speed and not accelerating except for Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing the tragedy," the family said. "The focus should be on the actions of Mr. Stewart. This matter is not at rest and we will pursue all remedies in fairness to Kevin."
     
  3. peterp

    peterp F1 Veteran

    Aug 31, 2002
    6,006
    NJ
    Full Name:
    Peter
    Exactly!

    I agree with the comments about all drugs (or combinations of drugs) being bad for racing, but of the drugs available, pot seems like the worst choice if you have any concern about being able to perform.
     
  4. Fast_ian

    Fast_ian Two Time F1 World Champ

    Sep 25, 2006
    23,267
    Campbell, CA
    Full Name:
    Ian Anderson
    Truer words never spoken.

    I'll leave it at that. ;)

    Cheers,
    Ian
     
  5. 360Tom

    360Tom Formula 3

    May 9, 2013
    1,130
    Burbank, CA
    Full Name:
    Tom
    Marijuana had never been disclosed prior to today. "Levels determined were enough to impair judgement" Also, after thoroughly going through the videos, it was determined TS did nothing wrong no "aberration driving" was found.

    Now Nascar implemented a rule that no driver shall exit a car unless it is on fire, or until safety personal arrive.
     
  6. texasmr2

    texasmr2 F1 World Champ
    BANNED

    Oct 22, 2007
    18,347
    Houston
    Full Name:
    Gregg
    Grain of salt or grasp of reality?
     
  7. tervuren

    tervuren Formula 3

    Apr 30, 2006
    2,459
    #682 tervuren, Sep 25, 2014
    Last edited: Sep 25, 2014
    Given the statements from the parents, the drug use doesn't surprise me. I unfortunately, living in a race hub, I watch in frustration at some of the "racer kids" around here, and their parents.

    Drug use, does not change TS's actions one bit however, as in the case of criminel charges, its ultimately what Tony did. The 5 frames of Tony's car tend to indicate to me that the car was on a normal path for just coming under yellow.

    I wish the Wards could find some peace in life someday.
     
  8. johnhoughtaling

    johnhoughtaling Formula 3
    Rossa Subscribed

    Nov 6, 2002
    2,048
    New Orleans
    Full Name:
    John William H.
    Apparently Nascar needs a rule that you are not allowed to race on drugs,

    And they need to to tell drivers that you are not allowed to get out of the car and charge another car on the racetrack.

    Its amazing to me that getting out of the car and physically confronting another car on the race track is not unheard of,

    If they pay money in the civil suit it is pure charity. The judge could very well likely throw them straight out of court as soon as they file,
     
  9. BartonWorkman

    BartonWorkman F1 Veteran
    Sponsor Silver Subscribed

    Nov 3, 2003
    5,735
    En El 305
    Full Name:
    Barton Workman
  10. Crawler

    Crawler F1 Rookie

    Jul 2, 2006
    4,995
  11. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
  12. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    I do not agree. While Ward's taking of an illicit substance that "impaired" his judgment, I think you take that too far.

    CW
     
  13. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    No, it doesn't. It will, however, increase Ward's (and decrease TS') percentage of negligence.

    CW
     
  14. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    Criminally, yes.

    Civilly, no.

    CW
     
  15. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    #690 CornersWell, Sep 25, 2014
    Last edited: Sep 25, 2014
    I agree with your first sentence. Not the second.

    This does not just "flip" the negligence entirely to Ward's estate (btw, the burden is on the estate). However, it will be viewed as a factor that increases Ward's percentage of negligence.

    CW
     
  16. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    You can eyeroll, if you like, but should a victim be on trial? Sexual histories of rape victims are largely off limits. Same instance?

    As far as I'm concerned, if it's relevant it should be admitted. But, the family's statement is accurate. This does not completely absolve TS.

    CW
     
  17. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    Probably not a bad idea.

    CW
     
  18. Jack-the-lad

    Jack-the-lad Three Time F1 World Champ
    Silver Subscribed

    Jun 22, 2004
    39,838
    Isle of Luci
    Full Name:
    Jack
    Ward's family would do well to just let it go, or reach some reasonable settlement. They can't afford to sue Tony Stewart and any ethical attorney knows that his clients' potential judgment (and his contingency) will be severely limited by Ward's apparently overwhelming contributory negligence.
     
  19. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    Exactly.

    CW
     
  20. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    First three, I agree. But, TS himself has a history of this and is, therefore, to some extent responsible for setting a bad example to other drivers. Not that I think that makes him more liable, but I think it's reasonable for him (of all drivers) to anticipate that sort of antic.

    As to the last, while a judge has a lot of power, I don't think it gets dismissed on a motion for summary judgment. Blame the appellate courts for overturning their decisions, I suppose, but there is a need to establish a percentage of negligence. That's for a trier of fact. In this case, I see a jury demand.

    CW
     
  21. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    I don't disagree. If they cannot, however, arrive at an agreed-upon settlement amount, I'd anticipate the civil suit moving forward.

    CW
     
  22. Jack-the-lad

    Jack-the-lad Three Time F1 World Champ
    Silver Subscribed

    Jun 22, 2004
    39,838
    Isle of Luci
    Full Name:
    Jack
    I imagine it will, too, I'm just saying I think it's ill advised. My impression is that the courts are not especially sympathetic to plaintiffs suing over injuries that occur on the field of play, especially in a sport that is inherently dangerous, and most especially under the circumstances present here.
     
  23. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    I think that's a fair belief.

    And, honestly, a civil suit is not an inexpensive proposition. If there was a plaintiff's attorney willing to take it on contingent before the disclosure of the marijuana impairment, they may seek to change their engagement to hourly based on the new evidence. Family will have to decide whether they are willing to foot the bill for that and take the risk of an adverse ruling and low(er) award.

    CW
     
  24. Fast_ian

    Fast_ian Two Time F1 World Champ

    Sep 25, 2006
    23,267
    Campbell, CA
    Full Name:
    Ian Anderson
    Tenuous at best.

    Pretty much the same as eating 20lbs of bacon or a hundred eggs could probably kill you.

    "Overdosing" on anything will make you sick.

    I maintain it's all but impossible to overdose on pot. Unlike the **** that I can buy in my local Walgreens.

    Ian
     
  25. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    Well, the CO legislature thinks it's enough of a problem to be studying what to do about it. Marijuana is not completely benign, as has been often argued by many in support of legalization (better than alcohol). And, there are people who've argued you can't die from a marijuana OD. This proves that claim to be wrong.

    Many, but not all, dangerous substances available in Walgreens require a script and have instructions for use. As far as I know, edible THC has no FDA approval for sale , packaging guidance or recommended consumption dosages.

    CW
     

Share This Page