Josh Hancocks fathers sues restaurant

[joseephuss]

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

Suit claims restaurant kept giving intoxicated pitcher drinks

Associated Press

Updated: May 25, 2007, 1:19 AM ET

ST. LOUIS -- 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. In a brief statement, the Cardinals said, "We hope this matter will come to a swift and fair resolution for all parties involved."

Authorities said the 29-year pitcher had a blood alcohol content of nearly twice the legal limit when he crashed into the back of the tow truck. He was also speeding and using a cell phone and wasn't wearing a seat belt, police chief Joe Mokwa said after the accident. Marijuana was also found in the SUV.

Mokwa said Hancock went to Mike 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 3½ hours.

"It's understood that for the entire 3½ 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 vehicle 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 car 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."

Copyright 2007 by The Associated Press




This ticks me off. Not that it would help, but I think someone should sue Dean Hancock for attempting to waste the courts time. His son is to blame for the accident. It is tragic, but it wasn't the guy whose car stalled or the tow truck guy. Speeding, drunk and on a cell phone with a history of alcohol abuse and pot in the car. Surprised it hadn't happened sooner.

 

[Boom]

I'm surprised he isn't suing Cingular for allowing phone calls through to his phone or the car manufacturer for producing a gas pedal capable of being pressed far enough to cause speeding.

 

[adamknite]

It was a sad event for sure. However, as bad as it may sound nobody was to blame except for Hancock. He was 29 years old, he wasn't a minor. Sometimes people just have to be held accountable for their own actions. The only good thing about this whole Hancock mess is the fact that the only person who got killed was the person who's fault it was. I know the grief he must fill but he has to understand that his pot smocking alcoholic son was the problem and sueing everybody/everything associated witht he incident isn't going to bring him back, infact sueing them will just bring more attention to the fact that it was his sons fault and be more puplicized.

Edit:

Side note, if this case does go through and that dad wins, then I'd have officially lost what little respect I had for our judicial system. However, I'm thinking this is more of an attempt by the Hancock family to get an out of coart settlement.

 

[Yeagermeister]

I can kind of see sueing the bar but the driver of the car and the tow truck company is a little too much.

 

[jman]

I can kind of see sueing the bar but the driver of the car and the tow truck company is a little too much.

I'm suprised he doesn't have a private investigator trying to find the car that spun out the first car.

 

[Yeagermeister]

I'm suprised he doesn't have a private investigator trying to find the car that spun out the first car.

I heard it was a red chevy monte carlo with the word budweiser on it.

 

[Mavs Man]

A man gets drunk and drives from the bar, an endangerment to himself and others, gets into an accident and kills himself. Obviously, it's not his fault. The bar sold him the alcohol. The car dealership sold him his car. The tow truck driver parked too close to the road. The driver of the other car should have known not to drive near that area at that time of night.

How is it that it is everyone else's fault EXCEPT THE DRUNK DRIVER?! Where is the personal responsibility? This is getting more and more ridiculous, and as was said, is a sad indictment of our judicial system if he gets money out of this deal.

If he had struck and killed either the tow truck driver or one of the other persons at the scene, his father would not be pressing charges - yet I ask, what is the difference? He's lucky he didn't kill anyone else.

 

[bbgun]

So Josh Hancock gets drunk, crashes his car, and kills himself, and it's everyone's fault except his own? What kind of job did his father do in instilling a sense of personal responsibility?

 

[peplaw06]

So Josh Hancock gets drunk, crashes his car, and kills himself, and it's everyone's fault except his own? What kind of job did his father do in instilling a sense of personal responsibility?

Sadly that's the kind of society we live in today.... many people feel the need to blame someone for their plight in life. And adam, it doesn't sound bad that you said that it was his fault at all. It was his fault.

I suspect a settlement will be reached somewhere along the line, but where does it end? I know his father is going through a tough time, but until people start to take more personal responsibility for their own actions, lawsuits like this will never end.

 

[WoodysGirl]

From what I understand, the car Hancock was driving was a rental car, because he'd gotten in a drunk driving accident just days before that one.

It's a sad deal, but Hancock's father has no case.

 

[Big Dakota]

After the entire Hancock story came to light, he turned out to be a very irresponsible person. His dad should think about that.

 

[03EBZ06]

It's always some one else's fault....

This mentality that our society possesses saddens me.