The wrongful death lawsuit against former NASCAR driver Tony Stewart could go in front of a jury.

On Tuesday, a U.S. District judge in Utica denied Stewart's motion to dismiss part of the suit.

The racing legend is accused of gross negligence by the family of Kevin Ward, Jr.

Ward was hit and killed on the track of Canandaigua Motorsports Park in 2014 after he got out of his car following a crash and walked down the track. 

The lawsuit filed by Ward's parents claims Stewart gunned his engine and put his car into a skid before striking him.

Stewart has said he never saw the other driver on the track that night.

The judge ruled the Ward family can move forward with all claims against Stewart, after hearing arguments from both sides in November.

If a settlement isn't reached, a jury trial is scheduled for May 7.