crazietalk.net

Lavabe wrote:

TillyGalore wrote:I would think a civil lawsuit won't go very far since Ward was under the influence and was the one who intentionally approached Smoke's car. I did hear the DA state Tony did not have to give blood to test for drugs, rather a person trained to recognize the effects of drugs spoke to him right after the accident and determined no testing was necessary.

Au contraire: http://www.foxsports.com/nascar/story/k ... ies-092414

My theory stands as it is noted in the article that Ward's use of marijuana makes the case against Stewart weaker.

TillyGalore wrote:

Lavabe wrote:

TillyGalore wrote:I would think a civil lawsuit won't go very far since Ward was under the influence and was the one who intentionally approached Smoke's car. I did hear the DA state Tony did not have to give blood to test for drugs, rather a person trained to recognize the effects of drugs spoke to him right after the accident and determined no testing was necessary.

Au contraire: http://www.foxsports.com/nascar/story/k ... ies-092414

My theory stands as it is noted in the article that Ward's use of marijuana makes the case against Stewart weaker.

I don't dispute the issue with the marijuana, but I suspect they will sue and settle.

Lavabe wrote: I don't dispute the issue with the marijuana, but I suspect they will sue and settle.

I hope Tony fights it. If it had been a no name driver, I doubt the Wards would be suing. The burden of proof is going to be on them especially since Ward had enough marijuana to impair his judgement.

I haven't practiced in the realm of civil court since 1996, but since when has ignorance ever stopped me from making a comment?

I agree with Lavabe. Smoke is an out of tower with deep pockets, and a local boy got killed. He will not want to take his chances with a jury of locals. There will be experts all over who will say the level of marijuana in Ward's system is meaningless/isn't enough to matter/indicates he smoked a month ago, and some local lawyer will make a huge deal over the fact that Smoke wasn't tested.

His best bet is to settle and get it all behind him.

lawgrad91 wrote:I haven't practiced in the realm of civil court since 1996, but since when has ignorance ever stopped me from making a comment?

I agree with Lavabe. Smoke is an out of tower with deep pockets, and a local boy got killed. He will not want to take his chances with a jury of locals. There will be experts all over who will say the level of marijuana in Ward's system is meaningless/isn't enough to matter/indicates he smoked a month ago, and some local lawyer will make a huge deal over the fact that Smoke wasn't tested.

His best bet is to settle and get it all behind him.

Could the trial be moved to another venue?

I'm guessing Tony might have some sort of insurance policy that will absorb much of the financial hit.

TillyGalore wrote:

lawgrad91 wrote:I haven't practiced in the realm of civil court since 1996, but since when has ignorance ever stopped me from making a comment?

I agree with Lavabe. Smoke is an out of tower with deep pockets, and a local boy got killed. He will not want to take his chances with a jury of locals. There will be experts all over who will say the level of marijuana in Ward's system is meaningless/isn't enough to matter/indicates he smoked a month ago, and some local lawyer will make a huge deal over the fact that Smoke wasn't tested.

His best bet is to settle and get it all behind him.

Could the trial be moved to another venue?

It could be, if the defense can show the jury would be unduly prejudiced against the defendant due to pretrial publicity. But it isn't all that easy (in 18 years we have had two cases moved, though ChipSlate has a motion on one set for Monday in Varnish County court) and there's no guarantee the jury in the next county would be any less prejudiced.

TillyGalore wrote:

Lavabe wrote: I don't dispute the issue with the marijuana, but I suspect they will sue and settle.

I hope Tony fights it. If it had been a no name driver, I doubt the Wards would be suing. The burden of proof is going to be on them especially since Ward had enough marijuana to impair his judgement.

People will always SUE when they are going after people/corporation with DEEP pockets $$$$$$

The whole situation is so unfortunate, and never should have happened. YOU DO NOT get out of a car on a race track with fast cars, as we don't exit into the Interstate highway with vehicles traveling 65mph++

Tragic situation, all the way around.

DRIVERS ..... Stay in your cars, and don't walk into the track. Dangerous.

Under the influence????? The track & drivers should be suing the Ward's for putting them in danger IMHO! But I'm onery!

IowaDevil wrote:Under the influence????? The track & drivers should be suing the Ward's for putting them in danger IMHO! But I'm onery!

I totally agree!

I'm just hoping to do better this week at the Monster Mile.

Dover racing today!!
Harvick led the first 147 laps, but started to suffer from a shock issue.
Lap 165 of 400
Kes, Harvick, JG, Hamlin, Kenseth, JJ, Larson, Bowyer, Blech, Smoke
16 Biff
17 Newman
18 Edwards
23 JMac
24 Dinger
25 Patrick
33 Cassill

Lap 172 of 400: CAUTION: Yeley taps his side against the wall
Out of the pits, re-started it's:
Lap 180 of 400
Harvick, Kes, Kenseth, JJ, Hamlin, Blech, JG, Bowyer, Smoke, Larson
14 Newman
18 Edwards
23 Dinger
24 JMac
25 Patrick
35 Cassill (-3 laps)

Lap 215 of 400
Harvick, Kes, JJ, JG, Kenseth, Blech, Larson, Hamlin, Bowyer, Logano
12 Newman
17 Edwards
22 Dinger
24 JMac
25 Patrick
34 Cassill (-4 laps)

162 laps to go... green flag pit stops coming up
Lap 215 of 400
Harvick, Kes, JG, JJ, Kenseth, Blech, Larson, Bowyer, Hamlin, Logano
13 Newman
15 Edwards
22 Dinger (-1 lap)
24 JMac (-1 lap)
25 Patrick (-1 lap)
34 Cassill (-4 laps)

148 laps to go: CAUTION: Harvick's tire goes down, but he held on. Nonetheless, debris was shed. Harvick lost pace, but it beat the alternative of slamming into the wall. He goes to the pits early... splitter damage too. He stays on the lead lap.
Looks like we will get some wavearounds.

139 laps to go: Restart
Kes, JJ, JG, Blech, Kenseth, Larson, Hamlin, Logano, Bowyer, Newman
14 Edwards
21 Harvick
22 JMac (-1 lap)
24 Patrick (-1 lap)
25 Dinger (-1 lap)
36 Cassill (-5 laps)

87 laps to go: Green flag pit stops will be needed
JG, Kes, JJ, Blech, Larson, Logano, Kenseth, Hamlin, Newman, Truex
12 Edwards
18 Harvick
23 JMac (-1 lap)
24 Dinger (-1 lap)
26 Patrick (-1 lap)
36 Cassill (-6 laps)

35 laps to go: Done with pit stops
JG, Kes, JJ, Larson, Logano, Kenseth, Blech, Newman, Truex, Bowyer
11 Hamlin
12 Edwards
13 Harvick
22 JMac (-2 laps)
24 Dinger (-2 laps)
25 Patrick (-2 laps)
36 Cassill (-7 laps)

8 laps to go
JG, Kes, JJ, Logano, Kenseth, Larson, Truex, Blech, Newman, Bowyer
11 Edwards
12 Hamlin
13 Harvick (-1 lap)
22 JMac (-2 laps)
23 Dinger (-2 laps)
25 Patrick (-2 laps)
34 Cassill (-7 laps)