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CANADAIGUA, N.Y.–The wrongful death suit against retired NASCAR driver Tony Stewart, has been dismissed by a judge in New York, reports ESPN. The case could be picked back up if the settlement agreed to earlier this year is not fulfilled.

RELATED ARTICLE: The lawsuit is settled

Stewart hit and killed Kevin Ward, Jr., 20, at Canadaigua Motorsports Park in New York, Aug. 9, 2014, when Ward got out of his car and stepped into the path of Stewart’s. A toxicology test showed Ward had marijuana in his system.

Ward’s parents filed the wrongful death suit in 2015, saying they believed Stewart was driving recklessly.

Stewart was cleared by a grand jury a few weeks after the wreck.

PHOTO: Getty Images/Brian Loudermilk