Wrongful Death Suit Filed Against Tony Stewart

FILE - In this Aug. 29, 2014, file photo, NASCAR auto racing driver Tony Stewart reads a statement during a news conference at Atlanta Motor Speedway in Hampton, Ga. Stewart is scheduled to race Sunday at Watkins Glen International Raceway for the first time since 2012. He missed the 2013 race with a broken leg, then skipped the race last season following the accident in which his sprint car struck and killed Kevin Ward Jr. the night before the race. AP Photo/John Bazemore, File)

ALBANY, N.Y. (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.

The lawsuit filed Friday in Lewis County accuses the NASCAR driver of gross negligence, saying he gunned his engine and put his car into a skid as Kevin Ward Jr. walked onto the track after a crash at Canandaigua Motorsports Park on Aug. 9, 2014. The car struck and killed Ward.

The lawsuit seeks unspecified monetary damages.

A grand jury declined to indict Stewart, who called it “100 percent an accident.”

Stewart is scheduled to make his first appearance at Watkins Glen on Sunday, the anniversary of Ward’s death.

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