INDIANAPOLIS -- Bill Simpson has filed a multi-million dollar lawsuit against NASCAR in Indianapolis. Simpson will go it alone, however, after Simpson Safety Products asked to be removed as a plaintiff.

"Originally, Simpson Performance Products were part of our lawsuit, but they said they prefer Bill go it alone so we spent most of Tuesday re-drafting the document," said James H. Voyles, who along with Robert W. Horn are representing Simpson.

"You can anticipate the litigation will be filed (Wednesday) morning here in superior court."

Simpson, who was unavailable for comment Tuesday, has sued for defamation of character, defamation by implication and reckless disregard for the truth after NASCAR charged that a separated Simpson-made seat belt contributed to Dale Earnhardt's death in last year's Daytona 500.

One of Simpson's arguments is that the belts were improperly mounted in Earnhardt's car and it's the only way there could have been any type of failure.

NASCAR had no comment Monday and Jim Hunter, vice president of corporate communications, could not be reached Tuesday.

Although Simpson no longer owns Simpson Performance Products, the company he started 43 years ago, he was a consultant up until last year.

Asked if not having SPP as a partner in the lawsuit would have a negative effect, Voyles replied: "Bill is Simpson safety equipment in a lot of people's minds."