Family of dead driver claims Tony Stewart could have avoided hitting him

In new court documents filed Tuesday, attorneys for the family of Kevin Ward Jr. claim that retired NASCAR driver Tony Stewart could have avoided hitting Ward.

Stewart struck Ward Jr. during an Empire Super Sprints race at Canandaigua Motorsports Park in New York in 2014. Ward died from injuries related to the collision.

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"Stewart either intentionally hit Ward Jr. with his car or intended to execute a reckless maneuver in an effort to scare or humiliate Ward Jr.,” the court document said.

Stewart will be in federal court at the end of the month.

He's asking for a summary judgment in the wrongful death lawsuit filed by Ward’s family.

Stewart could have avoided hitting Kevin Ward Jr. if he had just run the line that the six drivers in front of him did while under caution, the Ward family alleges in court documents.

Ward got out of his car and walked toward the cars as they ran under caution, and started screaming at Stewart before the impact.

The parents of Ward filed a wrongful-death lawsuit in August 2015 against Stewart and filed a response Tuesday to a Stewart motion for summary judgment.

A hearing is scheduled for April 28 in U.S. District Court in Utica, NY.

Combined ShapeCaption
Tony Stewart, driver of the #14 Always a Racer/Mobil 1 Chevrolet, sits in his car during practice for the NASCAR Sprint Cup Series Ford EcoBoost 400 at Homestead-Miami Speedway on November 19, 2016 in Homestead, Florida. (Photo by Jerry Markland/Getty Images)

Credit: Jerry Markland

Tony Stewart, driver of the #14 Always a Racer/Mobil 1 Chevrolet, sits in his car during practice for the NASCAR Sprint Cup Series Ford EcoBoost 400 at Homestead-Miami Speedway on November 19, 2016 in Homestead, Florida.  (Photo by Jerry Markland/Getty Images)

Credit: Jerry Markland

Combined ShapeCaption
Tony Stewart, driver of the #14 Always a Racer/Mobil 1 Chevrolet, sits in his car during practice for the NASCAR Sprint Cup Series Ford EcoBoost 400 at Homestead-Miami Speedway on November 19, 2016 in Homestead, Florida. (Photo by Jerry Markland/Getty Images)

Credit: Jerry Markland

Credit: Jerry Markland

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