Jones said the marijuana issue would likely have focused on whether there was enough marijuana in Ward to dictate his actions. 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. 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. "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." "It's going to be the other evidence that comes in that's going to sway the jury," Eberhart said. And you don't know."Įberhart 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. There comes a point that people worry that juries will decide on which of the two they like. "The other thing is, the more technical it is, the harder it is for juries. "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. There's still a 20 percent chance believed," Jones said. "Let's say there's an 80 percent chance my guy is believed. 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. The Stewart case isn't the typical accident and includes vehicles the general public does not drive. "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." "Even if there's nothing at fault, there's still a cost going through a public trial," Eberhart said. 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. 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. 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. Those amounts can crack $1 million in some cases in New York. But it can get damages for the victim's pain and suffering and any fear of pending death. In New York, a family cannot get damages for its pain and suffering. "I don't know which one, but all of those are things that could happen." "Any of those three are plausible scenarios for Stewart," Jones said. 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. Ward was at fault, and you can parse out a percentage.' It's an unknown." You throw it into the wild card of a jury, saying, 'OK, jury, you decide how much Mr. "There are big gains, and there are big losses. and founder of the Apollo Sports & Entertainment Law Group. "A trial is a risky strategy," said Lauri Eberhart, former executive vice president and general counsel for Speedway Motorsports Inc. 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. The settlement wasn't a surprise to those who follow such cases. Stewart wouldn't comment on the settlement after the court hearing last week. 9, 2014, Empire Super Sprints race at Canandaigua (New York) Motorsports Park. 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. He has called the tragedy a "100 percent" accident.īut he has settled a wrongful death lawsuit brought by Ward's parents for an undisclosed amount. Tony Stewart testified that he did nothing wrong when his sprint car struck and killed Kevin Ward Jr. Possible reasons Tony Stewart decided to settle the Ward Jr. You have reached a degraded version of because you're using an unsupported version of Internet Explorer.įor a complete experience, please upgrade or use a supported browser
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