Two days prior to the 1 year anniversary of Kevin Ward's death, the wrongful death lawsuit filed by the family against Tony Stewart has been moved from New York state court to federal court.

Fox Sports reports the lawsuit was originally filed on August 7th, and now has been moved to federal courts. The reasoning for the move came from Stewart.

The action was submitted Friday by Stewart's attorney on the basis that the Ward family lives in New York and Stewart's residence is in Indiana."

The lawsuit accuses Stewart of gross negligence claiming he "gunned his engine" and "put his car into a skid as 20-year-old Ward walked on the track" after a crash. A grand jury declined to indict Stewart who still claims it was "100 percent an accident."