Tony Stewart, this is not good - Page 27

DanielDudley · 01:10 AM

Quote:

Originally Posted by stomachmonkey

True, Tony could sue for financial losses incurred when he had to bow out of 3 races due to the mental anguish he suffered.

Loss of reputation, and damages to his projected earnings and the value of his franchise. He doesn't have to win. he just has to create a situation where going forward with two lawsuits is more painful than stopping. Both sides end up signing an agreement not to sue, and settle for some nominal fee.

This is very common, and it doesn't have to do with the quality of the case, but rather the quality of the litigation.

As for mental anguish, are you saying that you would suffer none if you killed someone with your car, even if it wasn't your fault ? Are you saying it would not affect how you feel about driving in any way, of affect the way you drive, your competitive edge ?

When they put you on the stand, you are going to have to answer all these questions and more. You had better be prepared. Did you know your son was smoking pot ? Were you aware of how high he was ? Answer the question, Mr Monkey...

All I need is a couple of witnesses willing to testify that there was a history of rash behavior, and now your suit isn't looking so good, but mine is just getting started. And I want damages. Is your lawyer really going to suggest that you go on, seeing where this will be leading you ?

Tobra · Tobra's Garage

The stupid question is whether or not Mr Stewart contributed to Mr Ward's death, quite obviously, it was his car that hit the guy. The question now becomes a matter of percentage of contribution, which is up to the lawyers.

Mr Stewart appears to be very contrite, and I don't see how anyone involved in something like this could not be profoundly affected for the rest of their lives. The apparent glee which some take with respect to this event, you in particular Denis, is really quite disgusting. I am sure you are not such a bad guy, but it is not exhibited in this thread at all.

I am out.

speeder · speeder's Garage

Quote:

Originally Posted by Tobra

The stupid question is whether or not Mr Stewart contributed to Mr Ward's death, quite obviously, it was his car that hit the guy. The question now becomes a matter of percentage of contribution, which is up to the lawyers.

Mr Stewart appears to be very contrite, and I don't see how anyone involved in something like this could not be profoundly affected for the rest of their lives. The apparent glee which some take with respect to this event, you in particular Denis, is really quite disgusting. I am sure you are not such a bad guy, but it is not exhibited in this thread at all.

I am out.

I take zero glee in this. Serious question: Is english not your first language?

BE911SC · 09-26-2014, 08:47 AM

Quote:

Originally Posted by stomachmonkey

True, Tony could sue for financial losses incurred when he had to bow out of 3 races due to the mental anguish he suffered.

He doesn't dare. Time to quietly move forward and count his lucky stars.

ckelly78z · 09-26-2014, 08:55 AM

Yea, absolutely no good could come from sueing a grieving family, and smeering his own reputation all over the news/tabloids. He would be far better off keeping a low profile, and humbly living life until this incident fades from the headlines, and memory.

stomachmonkey · 09-26-2014, 09:00 AM

Quote:

Originally Posted by BE911SC

He doesn't dare. Time to quietly move forward and count his lucky stars.

Could, (which is what I said) is only similar to would because they share 4 letters.

URY914 · URY914's Garage

The Ward's should sue the track owner first.

- not providing adequate track lighting
- no rule in place stating that drivers must remain in the cars
- etc
- etc
- etc

MBAtarga · 09-26-2014, 12:45 PM

Quote:

Originally Posted by URY914

The Ward's should sue the track owner first.

- not providing adequate track lighting
- no rule in place stating that drivers must remain in the cars
- etc
- etc
- etc

I'm sure the track owner is not worth the $XXX M's that Stewart is.

javadog · 09-26-2014, 01:24 PM

Quote:

Originally Posted by URY914

The Ward's should sue the track owner first.

- not providing adequate track lighting
- no rule in place stating that drivers must remain in the cars

No, they shouldn't sue at all. If there's enough light to drive a sprint car, as seems to be the case since they've been doing it there for years, there's enough light.

Ward was a hothead. He did something stupid and caused this whole thing. Time to accept that the kid didn't use good judgement. You can't legislate every single thing. At some point, you have to be smart enough to not **** up.

Sometimes, you just have to accept that.

JR

tedg04 · tedg04's Garage

Quote:

Originally Posted by javadog

Ward was a hothead. He did something stupid and caused this whole thing. Time to accept that the kid didn't use good judgement. You can't legislate every single thing. At some point, you have to be smart enough to not **** up.

If that were the legislative standard our nation adhered to, we wouldn't have placards on lawn mowers reminding you not to put your hands under them.

Admittedly, I didn't read every post here (because I didn't have a week to kill). But from what I've seen as quotes from the Ward's, I will be incredibly surprised if they don't sue, and even more surprised if they win a penny.

JJ 911SC · JJ 911SC's Garage

Quote:

Originally Posted by tedg04

If that were the legislative standard our nation adhered to, we wouldn't have placards on lawn mowers reminding you not to put your hands under them...

Yeah, chainsaw owner guide in Europe 5 pages, same chainsaw owner guide in US, 35 pages, 30 of them about stuff like, Do not stop the chain with your bare hand...

Its always someone else fault

:roll eyes: So let sue, it does not cost anything.

Don Ro · 09-26-2014, 03:31 PM

Bought a professional steam iron years ago. Warning tag on iron:
.
DO NOT TOUCH HOT IRON BOTTOM WITH YOUR TONGUE
.
I wasn't surprised.

scottmandue · 09-26-2014, 03:57 PM

I think I may have already posted this, I was gifted tickets to the Fontana NASCAR race, my buddy is a NASCAR fan... we were sitting in the middle of the front stretch and the cars were whipping by at 180MPH more or less... my buddy says to me "if one of those cars crashes and gets airborne we are dead. I think I said to him "why should the drivers be the only ones risking their lives?"
IMHO anyone who sets foot on a racetrack on race day is volunteering to be in a dangerous situation, be it driver, fans, crew, etc. not one has to be there... and if you are a fairly intelligent person you should be aware of the risks involved.

VaSteve · 09-26-2014, 05:08 PM

If I was Tony Stewart, I would just give them some money. Not because Ward's family really deserves it or anything, but because it would end the long protracted battle that would be emotionally draining.

Tony Stewart says he may not return to sprint cars

It wouldn't end the pain, but it would end the public side of it.

herr_oberst · 09-26-2014, 05:21 PM

Quote:

Originally Posted by VaSteve

If I was Tony Stewart, I would just give them some money. Not because Ward's family really deserves it or anything, but because it would end the long protracted battle that would be emotionally draining.

This. Exactly why I posted the picture of Saul the Shyster.

If the family of Kevin Ward decides to go ahead with the civil suit, then the only benefit is to the bankrolls of 2 teams of lawyers. Tony ends up paying no matter what, and there is absolutely no guarantee that the Ward family will win any award at all.

Don Ro · 09-26-2014, 05:38 PM

Present day America - a quagmire.
One can never be too protected. Just walk out of your house, and Boom!

dad911 · 09-26-2014, 05:44 PM

Quote:

Originally Posted by VaSteve

If I was Tony Stewart, I would just give them some money. Not because Ward's family really deserves it or anything, but because it would end the long protracted battle that would be emotionally draining.

Tony Stewart says he may not return to sprint cars

It wouldn't end the pain, but it would end the public side of it.

I wouldn't. Offering money admits guilt, and the opponent thinks if you offer $$ now, they can collect more in the courts.

I've tried, even though not guilty, went to court, only winners were lawyers, they didn't collect a dime.

Dueller · 09-26-2014, 06:05 PM

Quote:

Originally Posted by nynor

running onto a hot track.... "hey! watch this!"

Quote:

Originally Posted by dad911

I wouldn't. Offering money admits guilt

Nope. Under the uniform rules of civil procedure settlement negotiations are inadmissible in any trial. This bar is to encourage settlement and avoid protracted litigation.

SCcaretaker · 09-26-2014, 06:08 PM

OK, sinc the report says that Ward had a high enough level of tch to impair driving abilities, and...since the Ward family wants litigation...my question for you legal guys is this. Why then can't the other competitiors, fans, track owner, promoter, etc. sue the Ward estate for any financial awards, due to reckless endangerment, etc. etc. etc. How does this not work both ways?

VaSteve · 09-26-2014, 06:14 PM

Quote:

Originally Posted by dad911

I wouldn't. Offering money admits guilt, and the opponent thinks if you offer $$ now, they can collect more in the courts.

I've tried, even though not guilty, went to court, only winners were lawyers, they didn't collect a dime.

Like I said, if I was Stewart. The GJ said not enough evidence. The web is full of people still thinking he did Something wonrg, if not outright murder. just because they dont like him. No legitimate new source (PPOT is not one) would continue to press it to Stewart. Pay the money, Wards sign a hush order, try and move on with life.