Legal Opinion

Ward v. Stewart

District Court, N.D. New York

Decided February 26, 2018No. 7:15–CV–1023PublishedCited by 1 opinion

1Opinion of the Court

DAVID N. HURD, United States District Judge *226I. INTRODUCTION

Plaintiffs Kevin A. Ward, Sr. and Pamela Ward (collectively "plaintiffs") filed this wrongful death action in state court after defendant Anthony Wayne Stewart ("Stewart" or "defendant") struck and killed their son, Kevin A. Ward, Jr. ("Ward"), during a sprint car race.

Stewart removed plaintiffs' suit to federal court and asserted an indemnification counterclaim based on two liability releases (the "Releases"). Defendant then tried, and failed, to have the case transferred to the United States District Court for the Western District…

2Cases cited51 opinions

  1. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  2. Cobbledick v. United StatesSupreme Court of the United States · 1940
  3. Camreta v. GreeneSupreme Court of the United States · 2011
  4. Morgan v. StateNew York Court of Appeals · 1997
  5. Turcotte v. FellNew York Court of Appeals · 1986

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3Cited by1 opinion

  1. Yeend v. Akima Global Services, LLCDistrict Court, N.D. New York · 2025

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