Tony Stewart claims he did not see fellow driver Kevin Ward Jr. walking down the track until just before Stewart's car struck the driver during a sprint car race last year in upstate New York, according to court documents.
Stewart's view of the incident -- in which Ward was killed -- was made public Friday in a legal response to the wrongful death lawsuit filed by Ward's parents earlier this month.
In an Aug. 9 event at Canandaigua Motorsports Park, Ward climbed out of his car following a wreck and walked down onto the track to apparently confront Stewart under caution. Stewart's car struck the 20-year-old, who was killed.
An Ontario County (N.Y.) grand jury ruled last September that Stewart would not face criminal charges.
Friday's filing by Stewart's attorney Brian Gwitt in part reads: "Stewart did not see Ward Jr. exit his vehicle and was not aware that Ward Jr. had exited his vehicle. Stewart was not aware that anyone had exited the vehicle.
"Stewart did not see Ward Jr., or anyone else walking on foot on the track until just prior to contact, and did not know the identity of the person walking on the track until afterwards."
The document also notes the initial toxicology report that found Ward had marijuana in his system, which the district attorney said last year impaired the driver's judgment, in its counter to the claims by Ward’s parents.