A judge has refused to throw out a wrongful death lawsuit against Tony Stewart in a deadly crash in Canandaigua which could clear the way for a jury trial.

A judge has refused to throw out a wrongful death lawsuit against Tony Stewart in a deadly crash in Canandaigua.

It could clear the way for a jury trial on behalf of Kevin Ward Junior's family, ESPN reports.

Ward died in an August 2014 crash on the track at Canandaigua Motorsports Park. He got out of his race car after a crash with Stewart.

A grand jury failed to indict Stewart on any criminal charges in the case. Ward's family claims Stewart intentionally swerved to run over the 20-year-old. Stewart denies that.