OT-pitchers dad sues

[Angiekay]

Ok, this is fucked up!! Your kid is drunk...twice the limit, speeding and talking on a cell phone, with no selt belt and you're going to blame the stalled driver?! WTF?!



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 31/2 hours.

"It's understood that for the entire 31/2 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 his Geo Prism to reach the point where it stalled on the highway, and for failing to move it out of the way of oncoming traffic. A police report said the Prism became stalled when it spun out after being cut off by another vehicle.

Police said Hargrove noticed the stalled vehicle and stopped to help. The report said he told officers he was there five to seven minutes before his truck was hit by Hancock's SUV. But 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."

[NealIsGod]

God, I hate lawyers.

[SteveForever]

God, I hate lawyers.

Until you need one.......

[belar]

This is making us all sick here in STL.

[NealIsGod]

God, I hate lawyers.

Until you need one.......

Hope I never do. One of my goals in life.

[Rockindeano]

Paris should sue as well, that way she wouldn't have to get her pretty self all dirtied in jail for 29 days. Then again, maybe jail wll teach her a fucking lesson and she won't become a statistic in the future, like our Cardinal pitcher. I am sure he has been hammered and drove before. Probably got off a few times as well.

[nikki]

As much as I feel bad for his family, what happened to him was HIS fault. Aren't we, as adults, responsible for our own actions anymore?? It seems that when someone screws up they are always quick to blame someone else for their 'contribution' to their own misjudgement. Josh Hancock made an unfortunate fatal mistake which was his fault and his alone and no amount of money obtained from a frivolous lawsuit will bring him back. Then again, and I hate to think this might be true, but maybe his family is looking to cash in on this in some way. I sincerely hope that's not the case, but stranger thiings have happened. It'll be interesting to see what comes of this.

[lights1961]

As much as I feel bad for his family, what happened to him was HIS fault. Aren't we, as adults, responsible for our own actions anymore?? It seems that when someone screws up they are always quick to blame someone else for their 'contribution' to their own misjudgement. Josh Hancock made an unfortunate fatal mistake which was his fault and his alone and no amount of money obtained from a frivolous lawsuit will bring him back. Then again, and I hate to think this might be true, but maybe his family is looking to cash in on this in some way. I sincerely hope that's not the case, but stranger thiings have happened. It'll be interesting to see what comes of this.

CRAPPY PARENTS who never told Josh, NO and now the parents cant blame JOSH, he was perfect....lets run to the lawyer who is suing the wrong person... The parents should be sued for not raising their kid who is now an adult, right...

Rick

[conversationpc]

God, I hate lawyers.

The only legitimate defendant in this case should be the restaurant if they indeed continued to give him drinks after they knew he was drunk. Otherwise, the guy is just looking for an easy windfall and the lawyer should be ashamed of himself/herself.

[Just Mindy]

God, I hate lawyers.

The only legitimate defendant in this case should be the restaurant if they indeed continued to give him drinks after they knew he was drunk. Otherwise, the guy is just looking for an easy windfall and the lawyer should be ashamed of himself/herself.

Exactly. Sickening how people are sue-happy these days, and lawyers are more than willing to go for it.

How do they sleep at night?

[belar]

I practiced law for 4 years and HATED it. I'm much happier with my job and my life since I changed careers.

[whocares]

This is making us all sick here in STL.

Yes it is!!!!!

As someone who commented on the Local newspaper website said, I guess when the gravy train is gone, the family needs to get greedy and not accept that their child was drinking and driving and talking on the cell phone not paying attention to a tow truck in the lane in front of him. This isn't a case of involuntarily getting drunk. He knew what he was doing, he'd done it just a few days before his death, even oversleeping and showing up late the next day, for an afternoon ballgame.

There's too much trying to blame everyone else, but the party that's mostly at fault here, by the family. That's very sad and brings the city down, as belar has suggested.

[lights1961]

This is making us all sick here in STL.

Yes it is!!!!!

As someone who commented on the Local newspaper website said, I guess when the gravy train is gone, the family needs to get greedy and not accept that their child was drinking and driving and talking on the cell phone not paying attention to a tow truck in the lane in front of him. This isn't a case of involuntarily getting drunk. He knew what he was doing, he'd done it just a few days before his death, even oversleeping and showing up late the next day, for an afternoon ballgame.

There's too much trying to blame everyone else, but the party that's mostly at fault here, by the family. That's very sad and brings the city down, as belar has suggested.

I am just hearing from our sports radio guys that in MO the family of a drunken driver
can sue the establishment for over serving...even though he kills himself... THAT LAW NEEDS CHANGE.

Rick

[Ms_M]

As much as I feel bad for his family, what happened to him was HIS fault. Aren't we, as adults, responsible for our own actions anymore?? It seems that when someone screws up they are always quick to blame someone else for their 'contribution' to their own misjudgement. Josh Hancock made an unfortunate fatal mistake which was his fault and his alone and no amount of money obtained from a frivolous lawsuit will bring him back. Then again, and I hate to think this might be true, but maybe his family is looking to cash in on this in some way. I sincerely hope that's not the case, but stranger thiings have happened. It'll be interesting to see what comes of this.

Well said. I think it would only make their pain (having to relive the accident, etc. again) worse. Like you said, maybe it is the money - maybe "enough" of it, whatever that is, can make them feel "better". A tragic situation being made more tragic.