Tony Stewart Requests a Change of Venue in Wrongful Death Case

NASCAR fans in Farmington, Utah are closely following the wrongful death lawsuit against race car driver Tony Stewart. Stewart’s lawyer, Brian Gwitt, has requested a change of venue, asking that the case be moved to the federal court in Rochester, New York. The lawsuit, filed by the parents of Kevin Ward Jr., currently sits on the docket in Utica, which covers the Ward’s hometown. 

In the motion for a change of venue, Gwitt argues that Rochester is closer to investigative officials and witnesses and that the slightly longer distance would not be “inconvenient” for the plaintiffs. 

The hearing for the change of venue motion is scheduled for Oct. 9. 

The wrongful death lawsuit against Stewart was originally filed in state court. As USA Today reported, Stewart’s lawyer won an earlier motion to move the case to federal court. Gwitt’s argument maintained the move was justified by the fact that the Ward family and Stewart reside in to different states. 

Farmington residents familiar with the case know that Stewart was never charged in the death of 20-year-old Kevin Ward Jr. A grand jury watched videos of the incident and decided not to press criminal charges. Per ESPN, District Attorney Michael Tantillo exposed the fact that Ward had marijuana in his system when he announced the grand jury decision. 

Almost a year after Ward’s death, Mark Lanier—the lawyer representing the Ward family—filed a wrongful death lawsuit against Stewart. 

The lawsuit states that Stewart’s overly-aggressive driving during a yellow caution flag led him to strike Ward with his right rear tire. Per the suit, "Stewart acted with disregard for Ward's life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward."

Stewart originally had no comment on the wrongful death lawsuit and NASCAR fans in Farmington and around the country were left wondering what stance he would take. 

Stewart’s lawyer eventually filed a response with the Utica U.S. District Court. It states that Stewart did not know who, if anyone, was on the track and that Ward was ultimately responsible for his own death because he not only was under the influence, he also got out of his vehicle on an active racetrack. 

Stewart insists that did he not only not see Ward until a moment before impact, but that Ward actually tried to make contact with Stewart’s race car. 

Those who hope the suit is ruled in favor of Stewart should be encouraged that he has already been exonerated once. Tony Stewart fans in Farmington and around the world will continue to follow the case as it develops.