Family Files Wrongful Death Lawsuit Against NASCAR Star Tony Stewart Over Fatal Crash

NEW YORK (CBSNewYork/AP) -- The family of a young driver struck and killed by Tony Stewart's car on an upstate New York sprint racing track has filed a wrongful death lawsuit against the NASCAR star.

The lawsuit was filed as Stewart returns to Watkins Glen International on the one-year anniversary of the fatal crash.

On Aug. 9, 2014 Stewart's car struck and killed 20-year-old Kevin Ward Jr. during a dirt track race at Canandaigua Motorsports Park.

Ward had spun while racing alongside Stewart and then the 20-year-old climbed out of his car and walked down the track, waving his arms in an apparent attempt to confront the 43-year-old NASCAR veteran.

Authorities said the first car to pass Ward had to swerve to miss hitting him. The front of Stewart's car appeared to clear Ward, but Ward was struck by the right rear tire and hurtled through the air.

He died of blunt force trauma and his father later told a newspaper there was "no reason" for the death given Stewart's skills and experience.

The lawsuit accuses Stewart of gross negligence, saying he gunned his engine and put his car into a skid as Ward walked onto the track.

A grand jury declined to indict Stewart, who at the time called it "100 percent an accident.''

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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