Hancock's Father Sues Over Pitchers Death

[cptkirk321]

Hancock's father sues over pitcher's death
By JIM SALTER, Associated Press Writer
May 24, 2007

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 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."








I feel terrible for the family, but how about suing your sons estate for his own stupidity. Twice the legal amount of alcohol in his system, pot in his car, talking on his cell phone and this two days after being in another accident and rumors are alcohol was involved in that accident as well. This is the problem with our society we are trying to blame others at every turn, how about stand up and say you know what our son is to blame for his own death

[pwherr]

What a fuking joke.I hope he gets counter sued and loses his ass.What a moron.

[Keith]

Originally Posted by cptkirk321

I feel terrible for the family, but how about suing your sons estate for his own stupidity. Twice the legal amount of alcohol in his system, pot in his car, talking on his cell phone and this two days after being in another accident and rumors are alcohol was involved in that accident as well. This is the problem with our society we are trying to blame others at every turn, how about stand up and say you know what our son is to blame for his own death

It's those damn lawyers.

[pwherr]

Originally Posted by Keith

It's those damn lawyers.

sonsabitches

[pwherr]

Sue the machanic that works on the car that stalled.

I laugh but it is a real fear of mine.Getting sued if something happens after a car leaves here.

[uva3021]

can't really blame the father

his son just died, not gonna criticize how he reacts to the situation, unless he commits a crime

[sachsich]

i understand that his father is upset, but there is no way they should give him a dime!

[TN TITAN Fan In STL]

I Feel Bad For The Hancock Family I Really Do,But This Is Ridiculous Josh Was Drunk Speeding And Talking On The Phone All At The Same Time Plus They Found Some Pot In His Car And The Family Wants To Sue The Driver Of The Stalled Car And Tow Truck Operator Who Was Trying To Get The Car Out Of The Passing Lane I Hope The Hancock Family Gets Nothing But Bad Publicity And Not A Single Dime Out Of This.

[Mello]

from a lawyer frined of mine.


if Missouri has a proportionate responsiblity statute like Texas, if hte pitcher is more than 50% liable, he/his estate gets nothing. He was drunk, speeding, talking on his cell phone, not wearing his seatbelt, had weed in the car (and in his system?) and didn't see the big tow truck with flashing yellow lights. Hell, he was breaking at least 4, maybe 5 laws, at the time of his death (not sure if they have a cell phone law).

Actually, the reason he is suing lots of defendants is probably because he hopes to distribute the % rsponsibility so there's not enough left to assign more than 50% to the dead idiot.

Good luck with that. The bar will probably get some % of liability (if they served him ALL those drinks, they had to know he was loaded), but that's about it. And I still don't see the idiot getting less than 50% liability. Hell, from what I know of the facts, I'd assign 20% to the bar, 0% to the other driver and tow truck, and 80% to the drunk -- meaning ZERO recovery.

[shaggy]

Everybody always wants to blame somebody else!!!!!!
I am sorry for their loss but hope they don't get anything!!!

[cptkirk321]

I hope the tow truck driver and the other car counter sue and get the money instead.

Imagine suing the tow truck driver and the guy whos car stalled What a foreign concept every other car who passed them while this happened had no problem not hitting them but the one who was piss drunk, talking on a cell phone with weed is the one who hits them, go figure.

Whats next sue the car rental company for not giving him a safer truck, maybe the city for not having brighter lights on the road, the beer company for actually making the beer to begin with, the cell company who provided him his service you know they must be to blame as well

Again I am sorry for their loss but right now they look like greedy money grabbing pricks who won't put the blame where it squarely needs to be put and that is on the shoulders of their son who made the choice all by himself to get into that vehicle after getting liquored up. Its about friggen time people start taking blame for their own mistakes and stop trying to find excuses and others to blame for them.