Tony Stewart Hits, Kills Driver Kevin Ward Jr.

[NancysSummerSip]

Dear God, the toxicology report on Ward has just been released.

The kid was high on marijuana, "sufficient to impair judgement" at the time of the incident.

Oh. God. No.

[ArchietheDragon]

Sept 24, 2014 14:54:23 GMT -5 NancysSummerSip said:

Dear God, the toxicology report on Ward has just been released.

The kid was high on marijuana, "sufficient to impair judgement" at the time of the incident.

Oh. God. No.

This is going to set back the marijuana agenda for minutes. 

[swamp]

Sept 24, 2014 14:54:23 GMT -5 NancysSummerSip said:

Dear God, the toxicology report on Ward has just been released.

The kid was high on marijuana, "sufficient to impair judgement" at the time of the incident.

Oh. God. No.

well that explains why he was acting like a dumbass that night.

[NancysSummerSip]

Sept 24, 2014 15:02:22 GMT -5 swamp said:

Sept 24, 2014 14:54:23 GMT -5 NancysSummerSip said:

Dear God, the toxicology report on Ward has just been released.

The kid was high on marijuana, "sufficient to impair judgement" at the time of the incident.

Oh. God. No.

well that explains why he was acting like a dumbass that night.

Well, that an an overload of testosterone. Ward himself could have endangered other drivers in that condition as well.

His poor family. They still lost a son. And in this manner, knowing this info, just makes it worse.

Swamp, with this information coming to light...will a civil suit hold up against Stewart, do you think? I don't believe one has been filed yet.

[steff]

I've always thought that a civil suit won't be necessary because Tony will most likely write the parents a check anyway. 

[swamp]

Sept 24, 2014 15:11:52 GMT -5 NancysSummerSip said:

Sept 24, 2014 15:02:22 GMT -5 swamp said:

well that explains why he was acting like a dumbass that night.

Well, that an an overload of testosterone. Ward himself could have endangered other drivers in that condition as well.

His poor family. They still lost a son. And in this manner, knowing this info, just makes it worse.

Swamp, with this information coming to light...will a civil suit hold up against Stewart, do you think? I don't believe one has been filed yet.

Probably not.................But I'm not very good at civil stuff.  

[NancysSummerSip]

Sept 24, 2014 15:21:19 GMT -5 steff said:

I've always thought that a civil suit won't be necessary because Tony will most likely write the parents a check anyway. 

I'm thinking there will be the formalities of a civil suit, but yes, there will be a settlement of some kind. The drug issue will make it that much harder for the parents to prove Stewart was liable.

Also, a link to one of the sources re: the drug use:

www.reuters.com/article/2014/09/24/us-nascar-stewart-grandjury-idUSKCN0HJ22720140924

[billisonboard]

What would be the basis for any remedy in a civil suit by parents of an adult offspring?  Pain and suffering? Would someone who was a fanatical supporter of the young driver have standing for a claim of the same? How about corporate sponsors having a reason to sue? Just wonderings of an idle brain. 

[steff]

Small local dirt track, the sponsors on Kevin Ward's car were most likely small local businesses & family/friend owned businesses.  He's not going to have big corp sponsors like a top level Nascar driver. 

[ArchietheDragon]

Do you think Nascar will start drug testing before every race because of this?

[zibazinski]

They darn well should. 

[steff]

Sept 24, 2014 15:57:19 GMT -5 ArchietheDragon said:

Do you think Nascar will start drug testing before every race because of this?

Nascar randomly tests 3 drivers across it's 3 main series every week before a race.  Sometimes they are all from the truck series or the Nationwide series or the Spring Cup series, sometimes it's 1 from each series.  there have been several drivers suspended until they go thru Nascar's "drug program".  If they refuse to go thru it, they get a lifetime ban.  I can name 2 (off the top of my head) that have had a lifetime ban imposed on them. 

[NancysSummerSip]

Sept 24, 2014 15:57:19 GMT -5 ArchietheDragon said:

Do you think Nascar will start drug testing before every race because of this?

NASCAR has one of the strictest drug policies of all professional sports. Not even cold and flu or allergy meds are allowed without clearance. Every vitamin supplement a driver takes must be reported and accounted for. Testing is described as being random and frequent on every driver and crew member throughout the season and the very short off-season. Removal from the team is immediate upon failure of a test, with rehab a requirement. There is also a "three strikes and you're out for life" policy.

ETA: Steff beat me to the details.

Shane Hmiel was one of the lifetime bans. I'm trying not to cheat and look up the other.

[steff]

Sept 24, 2014 16:16:40 GMT -5 NancysSummerSip said:

Sept 24, 2014 15:57:19 GMT -5 ArchietheDragon said:

Do you think Nascar will start drug testing before every race because of this?

NASCAR has one of the strictest drug policies of all professional sports. Not even cold and flu or allergy meds are allowed without clearance. Every vitamin supplement a driver takes must be reported and accounted for. Testing is described as being random and frequent on every driver and crew member throughout the season and the very short off-season. Removal from the team is immediate upon failure of a test, with rehab a requirement. There is also a "three strikes and you're out for life" policy.

Shane Hmiel went down on 3 strikes & Jeremy Mayfield tried to fight the system (and lost BADLY).  AJ Allmendiner got busted for Adderall, crew chief Todd Parrot was popped for *undisclosed substance*, but both went thru the nascar drug program & were reinstated. 

[steff]

Sept 24, 2014 16:16:40 GMT -5 NancysSummerSip said:

Sept 24, 2014 15:57:19 GMT -5 ArchietheDragon said:

Do you think Nascar will start drug testing before every race because of this?

NASCAR has one of the strictest drug policies of all professional sports. Not even cold and flu or allergy meds are allowed without clearance. Every vitamin supplement a driver takes must be reported and accounted for. Testing is described as being random and frequent on every driver and crew member throughout the season and the very short off-season. Removal from the team is immediate upon failure of a test, with rehab a requirement. There is also a "three strikes and you're out for life" policy.

ETA: Steff beat me to the details.

Shane Hmiel was one of the lifetime bans. I'm trying not to cheat and look up the other.

LOL...we're typing the same things at the same time!  

Aaron Fike was another, but he's dead from a heroin overdose & was a CWTS driver.  Jeremy Mayfield is the one who tried to fight the system and Nascar owned his ass, his race team, his house, his everything for it.  But also conspiracy theories abound when it comes to Mayfield.

[steff]

Nascar pulled Jeremy Mayfield off the starting grid, literally 10 minutes before a race started for his failed test. 

[ArchietheDragon]

Sept 24, 2014 16:16:40 GMT -5 NancysSummerSip said:

Sept 24, 2014 15:57:19 GMT -5 ArchietheDragon said:

Do you think Nascar will start drug testing before every race because of this?

NASCAR has one of the strictest drug policies of all professional sports. Not even cold and flu or allergy meds are allowed without clearance. Every vitamin supplement a driver takes must be reported and accounted for. Testing is described as being random and frequent on every driver and crew member throughout the season and the very short off-season. Removal from the team is immediate upon failure of a test, with rehab a requirement. There is also a "three strikes and you're out for life" policy.

ETA: Steff beat me to the details.

Shane Hmiel was one of the lifetime bans. I'm trying not to cheat and look up the other.

Obviously not strict enough.

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

I think it's safe to say that much stricter screening (not just random) is going to be needed for racing (albeit NASCAR or INDY). When you're in charge of controlling a high-speed vehicle, it's time to be FULLY in control. No exceptions. Screen ALL drivers across the board.

[steff]

Since this was a local dirt track, odds are it's not even Nascar sanctioned & therefore, Kevin Ward wouldn't have been subject to Nascar's drug testing policy.  Which again, is one of the strongest & strictest ones in sports. 

On top of randomly testing drivers across ALL 3 main series EVERY week, they also test crew members, who are under the same guidelines as their driver.  The larger teams also test in house on top of Nascar's random testing.  Tracks owned by Nascar test track workers also.  I can't say for sure, but I'm willing to bet Eddie Gossage and Bruton Smith, who both own major Nascar tracks, have their own in house drug testing. 

Judging the larger Nascar series based on a local short track that isn't required to follow the Nascar handbook isn't going to work.  Racing on a small, local dirt track is a hobby, not a career.  IF a local dirt track driver manages to move up into a Nascar sanctioned series, then they will be held to the Nascar policies. 

[Shooby]

The kid ran several steps into the track and the path of oncoming cars. He caused the situation that created his own demise. It is sad but he should have stayed in the car.

[NancysSummerSip]

Sept 24, 2014 19:12:27 GMT -5 ArchietheDragon said:

Sept 24, 2014 16:16:40 GMT -5 NancysSummerSip said:

NASCAR has one of the strictest drug policies of all professional sports. Not even cold and flu or allergy meds are allowed without clearance. Every vitamin supplement a driver takes must be reported and accounted for. Testing is described as being random and frequent on every driver and crew member throughout the season and the very short off-season. Removal from the team is immediate upon failure of a test, with rehab a requirement. There is also a "three strikes and you're out for life" policy.

ETA: Steff beat me to the details.

Shane Hmiel was one of the lifetime bans. I'm trying not to cheat and look up the other.

Obviously not strict enough.

Archie, sprint cars are not part of the NASCAR family. As Steff mention, the testing covers those teams under the NASCAR umbrella, which would be Nationwide, Sprint, the truck series and the regional series races. The sprint cars are not part of the same organization.

[NoNamePerson]

Sept 24, 2014 15:43:27 GMT -5 billisonboard said:

What would be the basis for any remedy in a civil suit by parents of an adult offspring?  Pain and suffering? Would someone who was a fanatical supporter of the young driver have standing for a claim of the same? How about corporate sponsors having a reason to sue? Just wonderings of an idle brain. 

Remember once when a young person killed on job (construction) and his parents sued claiming he was  supporting them. He made $7.00 an hour (before min wage increase). So I can see his parents suing Stewart. Not saying it is right but that's my take on it.

[zibazinski]

I'd counter sue for the emotional distress their idiot drugged son caused me.

[NancysSummerSip]

Sept 25, 2014 9:10:40 GMT -5 NoNamePerson said:

Sept 24, 2014 15:43:27 GMT -5 billisonboard said:

What would be the basis for any remedy in a civil suit by parents of an adult offspring?  Pain and suffering? Would someone who was a fanatical supporter of the young driver have standing for a claim of the same? How about corporate sponsors having a reason to sue? Just wonderings of an idle brain. 

Remember once when a young person killed on job (construction) and his parents sued claiming he was  supporting them. He made $7.00 an hour (before min wage increase). So I can see his parents suing Stewart. Not saying it is right but that's my take on it.

There would be the consideration of suing over lost future wages and earnings; they could say that their son was just beginning what was a very promising racing career, and would have made millions in the future. Proving that would be very difficult, given that he was racing on dirt, and had never been to a hard-surface track, and if you'll pardon the pun, did not have a lengthy track record of winning regularly.
I think Stewart would have been inclined to settle a civil suit financially, had the toxicology report been different. Now, he can take his time, sit back and see what the Wards do.

[zibazinski]

They're still whining about suing and could care less that their druggie son caused his own death and traumatized Stewart.

[billisonboard]

Sept 25, 2014 15:28:28 GMT -5 NancysSummerSip said:

... There would be the consideration of suing over lost future wages and earnings; they could say that their son was just beginning what was a very promising racing career, and would have made millions in the future. ...

And a spouse, if he had one, could easily show that she would have been the beneficiary of those millions. Children, if he had any, easily. Parents?

[steff]

Sept 25, 2014 17:50:59 GMT -5 zibazinski said:

They're still whining about suing and could care less that their druggie son caused his own death and traumatized Stewart.

No matter what, the family lost a child.  Even Tony Stewart has stated repeatedly, that their loss is greater than anything he is going thru or experiencing.  In his statement AFTER the no bill, he reminded people that the Ward's lost a child & that is the tragedy here. 

and seriously, how callous are we to automatically make Stewart the victim and have no empathy for the parents who have lost a child in a tragic way?  I really doubt that Stewart is sitting around, rubbing his hands together in glee and talking about how they won't have a leg to stand on in a civil case. 

[zibazinski]

No, but I bet he's relieved as hell. I sure would be. The fact that Ward's parents are more interested in money than apologizing to Stewart for their son's actions speaks volumes about them. Stewart is the one showing class.

[steff]

I have no problem understanding that the family is suffering from massive grief.  And apologizing to the man, intentional or not, whose car killed your son would be far from something I would do at this time.  Their grief is still raw.  Grief often overrides your senses. 

It is possible to be relieved for Stewart & still feel grief for the family.   It doesn't have to be one or other.  it doesn't have to be so in your face.  There is such a thing as empathy & sympathy & having a heart & compassion for a tragic loss. 

A young man is dead, there is no up side. 

[zibazinski]

They should be grieving quietly then.