Hancock's Father Sues

[Aubie16 1]

I feel for him losing his son, but this just bothers me.

Read all the people cited in the lawsuit, it is ridiculous. I'm sorry for your loss but your son made lots of bad choices that night and he is the one ultimately responsible. Not the 7 people you are suing.

Hancock's father sues over pitcher's death

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."

[saniflush 0]

Sad.

[WAR-GIGEM-EAGLE 4]

http://sports.espn.go.com/mlb/news/story?id=2881602

i can understand the guys pain and suffering, but he can't blame everyone else in this world for his sons mistakes. Some of it makes a little bit of sense but none of it negates the fact that Hancock was an adult capable of making his own decisions. It's a shame that things like this have to happen to the ones that we love, but I dont think this is the right way to handle ones grief. Anyone else with thoughts or opinions on this matter?

[DCWarEagle 0]

Wow. This kind of thing is just ridiculous. As both a member of society and an attorney, I find suits like this offensive.

His son made a series of bad decisions. Unfortunately, those decisions resulted in his death. Whenever someone becomes voluntarily intoxicated and gets behind the wheel of an automobile, they have a higher risk of an accident. In this case, I suppose we should just be thankful that Josh Hancock's action did not result in harm to others.

[AUJarhead 72]

This is just wrong.

The manager of Shannon's offered to get him a cab.

Why blame the guy who's car broke down?

I hope this gets throw out, and quickly.

[bellefay1 1]

http://sports.espn.go.com/mlb/news/story?id=2881602

suing the restraunt, the owner, the tow truck driver, the tow truck company, the guy who was having his car towed.

[AuburnChopper1 0]

http://sports.espn.go.com/mlb/news/story?id=2881602

suing the restraunt, the owner, the tow truck driver, the tow truck company, the guy who was having his car towed.

Sad...

I guess it's to be expected sometimes, but as a big time Cardinal fan, this is no fun to see.

[bellefay1 1]

sorry for the repost...i thought i was sports related.

being that hancock had problems with alcohol, i'm not sure how well this case will stand up.

if the family is going to go sue happy, sue the cell phone company and girl he was talking to while he got in the wreck. any way of locating the pot dealer as well?

[Guest Major Major]

No problem. It got posted in several different places and we consolidated things. The first one was posted in ATC so that is where the others got moved.

Carry on.

[MDM4AU 338]

The Cardinals and Major League Baseball were not listed as defendants.

Well, then he is just doing it half-a**ed.

[AUJarhead 72]

Can he sue Ford for making an Explorer that will get crushed during a collision with a tow truck? I thought about this at dinner, and it makes me mad.

[AUesquire 1]

Along with the way this whole thing looks on it's face, the other thing I don't understand is the need to file a lawsuit so quickly. There's no way all the facts could have been gathered by now to establish whether or not you even have a case. Maybe it has to do with the fact that he died and time limits on the estate etc. I would hope that's the case.

But, in our practice, we ALWAYS look at a lawsuit as a last possible resort. Put everyone on notice, gather your facts, evidence and so forth and see if you can get it resolved without the need for filing a suit or all this attention. I'm not speaking to the merits of this case but rather, cases in general. If I truly feel like my client has been wronged and I have the back up to prove it, then I try to come to agreement and settle it. If I don't have that and I'm not sure about my client, they need to go elsewhere. But I never run right to the court house and drop a suit on them.

Again, I'm not trying to justify Mr. Hancock or his attorney's actions. I only know what I've read about this case and let's just say, I don't think I'd be filing this one. But, it may be that he had to file it right away because of the laws in that jurisdiction. And right or wrong, you had better include all possible defendants when you originally file or you may lose the chance to bring them in later if evidence comes up proving you have a legitimate cause of action against them. Not a good system, but it's the one we've got.

[AU_tiger_2000 0]

No problem. It got posted in several different places and we consolidated things. The first one was posted in ATC so that is where the others got moved.

Carry on.

Thanks Major Gay,

you guys are always on top of the job!

[quietfan 233]

I'll join everyone else in saying I feel sorry for his family, but there is no one to blame, nor sue, other than himself.

I'm familiar with a similar case in my hometown where a 21-yr-old kid hit and killed a pedestrian while DUI. The drunk driver lived and is doing short time for manslaughter now (I believe that was the official charge finally settled on), but the parents of the deceased sued everyone that had served him a beer over the course of the evening. Thing is, he had been partying and bar-hopping all over town that night, but never had more than 1-2 drinks at any one place. That included more than one bar/restaurant, a convenience store or two, several fraternity & private parties, etc. Perhaps someone at one of the late night parties should have recognized that he was drunk at that point and seized his keys, but I failed to see how a restaurant that served him a couple of beers with his meal at 7:00 pm could be held responsible for him driving while intoxicated at 2 am, nor a convenience store that sold him a beer with a pack of cigarettes at 9:00 pm--but they were all named in the lawsuit.

To the best of my knowledge, all defendants (or rather, their insurance companies) settled out of court before trial. Because I know the owner of the restaurant where the driver ate personally, I know his insurance company coughed up over $100 Grand to settle. Now in this case, the pedestrian victim was of course totally innocent of any irresponsible decisions and I certainly feel for the victim's family, but I don't see how anyone can be blamed for serving a beer or two to a person who may be perfectly sober early in the evening. No one really knows what a judge or jury might have said in a civil trial because all claims were settled out of court.

The whole trend in alcohol related litigation these days has made me fearful of even inviting friends to parties at my house (...not that I've stopped, I'm just a lot more nervous and cautious these days). I know my friends wouldn't sue me for their own irresponsiblity, but I don't know their extended families that well.