UTICA, N.Y. -- The family of Kevin Ward Jr. agreed in court today to settle a wrongful death lawsuit, but Ward Jr.'s mother told the judge she felt like she had "no other choice."
Ward Jr. was 20 years old when he was killed in a sprint car race at Canandaigua Motorsports Park on Aug. 9, 2014.
He walked out on a hot race track after his car was sidelined in a collision with Stewart. On Stewart's next lap around the track, his car struck Ward Jr., killing him.
The family filed a lawsuit a year later.
"Our ultimate goal in this process was to old Tony Stewart accountable for what he did to our son on that night," mother Pamela Ward said today.
The parties did not state the terms of the lawsuit in court, except to say a sum would be paid in exchange for all claims being dropped. Lawyers said the parties agreed the settlement would remain confidential, but Stewart and the family were free to discuss the facts of the case.
For two-and-a-half years, Stewart and the Ward family were not able to reach a settlement. They were slated to go to trial in May.
U.S. District Court Judge David Hurd today characterized much of the parties' settlement negotiations as "not too pleasant or cooperative."
After court-ordered mediation was complete, Stewart asked Hurd to toss the case. Hurd declined, issuing a decision last year allowing the family's claims to move forward.
Last week, two months before a trial was set to begin, the parties alerted the judge they'd reached a resolution.
Hurd ordered Stewart and the family to appear in Utica today to discuss dismissing the case. Stewart asked to call into the hearing from Indiana due to previously scheduled plans, but Hurd insisted he appear in person.
In court, Hurd gave the parties a chance to speak. Stewart declined, as did Kevin Ward Sr.
Ward's mother Pamela, however, paused before responding to the judge's question of whether she was prepared to settle the case.
"I feel as though I have no other choice, your honor," she said.
The judge questioned whether she understood the private settlement agreement she'd already entered into with Stewart.
"I did understand what I signed your honor," she said. "I wanted this case to go to trial so he could be held accountable by a jury of our peers. That was our ultimate goal, to get justice for our son."
Today, the mother said she felt like she had no other options but to settle. She mentioned the family had "no other means," but did not elaborate.
She and other family members declined to comment after the hearing as they exited out the front entrance of the federal courthouse.
Stewart left out of a side door without responding to questions from reporters.
Hurd agreed to dismiss the case once the parties resolved a few technical issues. He asked the parties to file the settlement agreement with the court under seal, noting that was proper because no public entities were involved in the lawsuit.
As he concluded the hearing, he thanked Stewart for making arrangements to fly to Utica. He wished the Ward family good luck in moving forward from the tragedy.
Public Affairs Reporter Julie McMahon covers courts, government and other issues affecting taxpayers. She can be reached anytime: Email | Twitter | 315-412-1992
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