Kevin Ward’s family will be back in court as it seeks “justice” from NASCAR star Tony Stewart

The family of Kevin Ward Jr. and former NASCAR star Tony Stewart are still involved in a civil lawsuit centering on Ward’s death on a New York racetrack, and both sides are scheduled to be in court on  Oct. 27.

ESPN reported that the lawsuit — now in its third year — was delayed in September due to Hurricane Harvey, which decimated parts of Texas. The Ward family’s attorneys are from Houston, which has been hard hit by the hurricane.

During their last appearance, Stewart and the Ward family did not reach a settlement in a civil lawsuit.

There have been three attempts to settle a civil lawsuit that alleges Stewart acted recklessly when he struck and killed Ward during an Empire Super Sprint series race in upstate New York in August 2014. After a wreck on the track, Ward exited his vehicle and was struck by Stewart’s car. Stewart was exonerated in any criminal wrongdoing because a court found Ward was impaired due to marijuana use — a claim his family disputes.

The Ward family filed a wrongful death lawsuit in the wreck, and said, on Good Morning America, they believe Stewart lost his temper but did not intentionally hit their son. They see the civil suit at a way to get “justice” for their son.  Stewart has said he was just trying to change direction and hitting Ward was an accident.

“I know 100 percent in my heart and in my mind that I did not do anything wrong. This was 100 percent an accident,” Stewart told The Associated Press.

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