Let's blame everyone but the drunk!
Hancock's father sues over pitcher's death
Associated Press
Posted: 1 hour ago
ST. LOUIS (AP) - The father of Josh Hancock filed suit Thursday, claiming a restaurant provided drinks to the St. Louis Cardinals relief pitcher even though he was intoxicated prior to the crash that killed him.
The suit, filed in St. Louis Circuit Court by Dean Hancock of Tupelo, Miss., does not specify damages. Mike Shannon's Restaurant, owned by the longtime Cardinals broadcaster who starred on three World Series teams in the 1960s, is a defendant in the case along with Shannon's daughter, Patricia Shannon Van Matre, the restaurant manager.
Other defendants include Eddie's Towing, the company whose flatbed tow truck was struck by Hancock's sport utility vehicle in the early hours of April 29; tow truck driver Jacob Edward Hargrove; and Justin Tolar, the driver whose stalled car on Interstate 64 was being assisted by Hargrove.
The Cardinals and Major League Baseball were not listed as defendants.
Authorities said the 29-year pitcher had a blood content of nearly twice the legal limit for alcohol in his system when he crashed into the back of the tow truck. He was also speeding, using a cell phone and wasn't wearing a seat belt, Police Chief Joe Mokwa said after the accident. Marijuana also was found in the SUV.
Mokwa said Hancock went to Shannon's not long after the Cardinals played a day game against the Chicago Cubs on April 28. The lawsuit claimed that Hancock was a regular at the restaurant bar and was there for more than 3 1/2 hours.
"It's understood that for the entire 3 1/2 hours that Josh Hancock was there that he was handed drinks," Keith Kantack, a lawyer for Dean Hancock, said. "It's our understanding that from the moment Josh Hancock entered Mike Shannon's that night that he was never without a drink."
A person answering phones at the restaurant declined comment. A message left with Van Matre was not returned.
The lawsuit claimed Tolar was negligent in allowing the vehicle to reach the point where it stalled on the highway, and for failing to move it out of the way of oncoming traffic.
Hargrove parked the tow truck behind the stalled car, and police said he arrived there moments before the truck was struck by Hancock's SUV. Kantack said the tow truck may have been there up to 15 minutes, yet failed to get the stalled vehicle out of the way.
"Were the police contacted?" Kantack asked. "Why weren't flares put out? Why was the tow truck there for an exorbitant amount of time?"
Tolar did not have a listed telephone number. Calls to the towing company were met with a busy signal.
Kantack said others could be added later as defendants in the suit. He declined to speculate on whether the Cardinals or Major League Baseball could be added to the suit, but said the Hancock family has been "overwhelmed by the support and respect the Cardinals have shown since Josh's passing."
Dean Hancock said in a statement that the "facts and circumstances" of Josh's death "have caused great pain to all of Josh's family." As administrator of his son's estate, Dean Hancock said he has an obligation to represent the family on all issues, "including any legal actions necessary against those who contributed to the untimely and unnecessary death."
Associated Press
Posted: 1 hour ago
ST. LOUIS (AP) - The father of Josh Hancock filed suit Thursday, claiming a restaurant provided drinks to the St. Louis Cardinals relief pitcher even though he was intoxicated prior to the crash that killed him.
The suit, filed in St. Louis Circuit Court by Dean Hancock of Tupelo, Miss., does not specify damages. Mike Shannon's Restaurant, owned by the longtime Cardinals broadcaster who starred on three World Series teams in the 1960s, is a defendant in the case along with Shannon's daughter, Patricia Shannon Van Matre, the restaurant manager.
Other defendants include Eddie's Towing, the company whose flatbed tow truck was struck by Hancock's sport utility vehicle in the early hours of April 29; tow truck driver Jacob Edward Hargrove; and Justin Tolar, the driver whose stalled car on Interstate 64 was being assisted by Hargrove.
The Cardinals and Major League Baseball were not listed as defendants.
Authorities said the 29-year pitcher had a blood content of nearly twice the legal limit for alcohol in his system when he crashed into the back of the tow truck. He was also speeding, using a cell phone and wasn't wearing a seat belt, Police Chief Joe Mokwa said after the accident. Marijuana also was found in the SUV.
Mokwa said Hancock went to Shannon's not long after the Cardinals played a day game against the Chicago Cubs on April 28. The lawsuit claimed that Hancock was a regular at the restaurant bar and was there for more than 3 1/2 hours.
"It's understood that for the entire 3 1/2 hours that Josh Hancock was there that he was handed drinks," Keith Kantack, a lawyer for Dean Hancock, said. "It's our understanding that from the moment Josh Hancock entered Mike Shannon's that night that he was never without a drink."
A person answering phones at the restaurant declined comment. A message left with Van Matre was not returned.
The lawsuit claimed Tolar was negligent in allowing the vehicle to reach the point where it stalled on the highway, and for failing to move it out of the way of oncoming traffic.
Hargrove parked the tow truck behind the stalled car, and police said he arrived there moments before the truck was struck by Hancock's SUV. Kantack said the tow truck may have been there up to 15 minutes, yet failed to get the stalled vehicle out of the way.
"Were the police contacted?" Kantack asked. "Why weren't flares put out? Why was the tow truck there for an exorbitant amount of time?"
Tolar did not have a listed telephone number. Calls to the towing company were met with a busy signal.
Kantack said others could be added later as defendants in the suit. He declined to speculate on whether the Cardinals or Major League Baseball could be added to the suit, but said the Hancock family has been "overwhelmed by the support and respect the Cardinals have shown since Josh's passing."
Dean Hancock said in a statement that the "facts and circumstances" of Josh's death "have caused great pain to all of Josh's family." As administrator of his son's estate, Dean Hancock said he has an obligation to represent the family on all issues, "including any legal actions necessary against those who contributed to the untimely and unnecessary death."
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How about the guy that sold him the bag of dope that was found in his vehicle [:(!] 0 -
They forced him to drink those drinks. " The new American way", blame somebody else for your own decisions. 0 -
they should also sure the makers of bottles and glasses, because that's the root of all evil -- if there was no bottle or a glass, then it would be impossible to keep and drink alcohol.
i think, people who actually have the guts to file lawsuits like this one should be submitted to labor camps. in china.
oh wait, i got it! i have a better idea: everyone should sue the Evil Oil Companies (tm)(c) -- they are the root of all evil 'cause if there was no oil there would be no gasoline hence there would be no quick transportation and all evils would not be able to migrate to goody-two-shoes areas.0 -
Attorney Kantack ought to lose his law license for a year or two for clogging up the courts with bullcrap like this. 0 -
Surprised they failed to sue the contractor that built the highway, and the company that made his car. And unfortunately, crap like this reflects in the price that you pay when you do need to call a wrecker (because it impacts on the insurance rates for all wrecker operators) Write your congresscritter and let them know how you feel about junk lawsuits. Probably won't produce any changes, but it may make you feel better. 0 -
he was drunk, on his cell phone, and had marjuana in his car. this is why lawyers should be taken out and shot.
republicans promised tort reform but abonded the issue for some reason (lobyists)0 -
I am thinking about suing all of them for causing me unneeded distress.
@7 attorneys just called, wanting to represent me.
Doug0 -
The father of Josh Hancock needs to go smack himself in the head and slam his pee pee in the door a few times. It would seem if Josh Hancock had not been born, none of this would have happened. 0 -
quote:republicans promised tort reform but abonded the issue for some reason MMMMMM, let's see. Because THEY are lawyers, too? 0 -
doesn't suprise me one bit. That's why bars buy dram shop insurance. According to our courts if you serve anybody more than a couple of drinks, and then let them drive you are negligent.
The cost is passed down to the consumer.
Ben0 -
Is this the three year old whiner's thread? Damn staight! It's the damn insurance companies driving this bus. If it wasnt for my lawyer the insurance company would have worn me out and sucked me dry leaving me like a locust husk attached to a mesquite tree. Frivlos lawsuits is what THE INSURANCE COMPANIES WANT YOU TO THINK! Don't be fooled it is the insurance lobbist you best watch.They screwed us good in Texas now a doctor can kill ya and not pay. That aint right no how! 0 -
In my state, the mandatory minimum dramshop policy is $50,000.00. Also, the AIP (allegedly intoxicated person) cannot sue the bar for serving him alcohol while visibly intoxicated.
I don't know what the laws are in the state where this was filed.
I also don't understand why the neocons are so quick to say "big government sucks", that it's incapable of finding it's own a$$ with both hands, but then these same neocons want more and more legislation from these very same incompetents keeping Americans from deciding their disputes in court.0
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