WATERTOWN, N.Y. (AP) — The wrongful death lawsuit filed by the family of a driver killed by NASCAR star Tony Stewart’s auto on a western New York dirt track has been moved from state to federal court.

The action was submitted Friday.

The case moves to U.S. District Court for the Northern District of New York.

An attorney for Ward’s family did not immediately respond Friday evening to an email seeking comment.

Ward was killed in early August of 2014 when he exited his Sprint auto to confront Tony Stewart during a race at Canandaigua Motorsports Park in Canandaigua, New York.

Ward family attorney Mark Lanier said Tuesday that he doesn’t plan to challenge the removal and expects the case to continue in federal court. Ward was 20.

Stewart denied those allegations and his lawyer argued that Stewart had never met Ward before and didn’t even know there was a crash before he came up to it, because it happened behind him. Stewart’s auto struck Ward, who was pronounced dead 45-minutes later.

The lawsuit states: “As Stewart’s auto approached Ward, who was standing on the track Stewart climbed up, gunned his engine, causing his 700-horsepower vehicle to slide and strike Ward with his right rear tire, crushing Ward and flinging his body an estimated 25 feet down the track”.

A New York grand jury declined to indict Stewart on any charges related to the incident. The court filing says a toxicology report showed Ward had smoked marijuana within five hours of the competition, a violation of the race’s rules and regulations, which “impaired him”.

Stewart has been charged for the death of Kevin Ward, Jr. after his auto bumped onto the latter resulting to the 20 year-old’s fatal crash into a wall.