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Thread: Hancock's father sues restaurant

  1. #1
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    Hancock's father sues restaurant

    I'm not sure if this is the correct forum so any mod feel free to move this if you see fit:

    Hancock's Father Sues Over Pitcher's Death
    May 24, 3:27 PM (ET)

    By JIM SALTER
    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 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 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."

    So Hancock drinks himself into oblivian but, apparently, everyone except him was responsible for killing him.

    Rem

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  3. #2
    Churlish Johnny Footstool's Avatar
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    Re: Hancock'c father sues restaurant

    Are they going to sue the cell phone company for making a product that can distract a drunk driver? How about the manufacturer of Hancock's car for not including a breathalyzer-test engine lockdown system as standard equipment?

    Hancock's death was a sad tragedy, but he was the only person responsible for his actions.
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    So long old friend rotnoid's Avatar
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    Re: Hancock'c father sues restaurant

    We all grieve in different ways I guess. Unfortunately more and more of us are doing it in the courts. I can't imagine this will end up well for any of the parties involved.
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    Member jimbo's Avatar
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    Re: Hancock'c father sues restaurant

    I feel very much for Hancock's family, I sincerely do. But it seems to me they are trying to blame everyone but Josh, the one who ultimately made the fatal decision to drive intoxicated. Just sad to hear.

  6. #5
    Member Reds Fanatic's Avatar
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    Re: Hancock'c father sues restaurant

    I feel bad for the family but this lawsuit should be thrown out. It is not like the restaurant was holding a gun to his head making him drink. At any point he could have stopped drinking and even after he left the restaurant he could have got a ride home instead of driving.

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    Hisssssssss Yachtzee's Avatar
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    Re: Hancock'c father sues restaurant

    Maybe Mr. Hancock should include himself on the list of defendants for negligently raising an idiot for a son.
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    Member durl's Avatar
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    Re: Hancock'c father sues restaurant

    I agree. His death was tragic, but the ultimate blame lies with Hancock himself. Suing everyone he came in contact with that day will not change that fact.

  9. #8
    Tired of talk. Win! Joseph's Avatar
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    Re: Hancock'c father sues restaurant

    I wouldn't do it, nor do I agree with it, but suing the restaurant is one thing as there could be negligence to a degree there.

    Suing the tow truck company?

    Ridiculous.

    My wife sent me an email about a half hour ago that said simply

    "Josh Hancock's dad is an idiot."

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    Hot Stove Season HotCorner's Avatar
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    Re: Hancock'c father sues restaurant

    Quote Originally Posted by Joseph View Post
    "Josh Hancock's dad is an idiot."
    Like father, like son ... sadly.

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    Member paulrichjr's Avatar
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    Re: Hancock'c father sues restaurant

    Quote Originally Posted by jimbo View Post
    I feel very much for Hancock's family, I sincerely do. But it seems to me they are trying to blame everyone but Josh, the one who ultimately made the fatal decision to drive intoxicated. Just sad to hear.
    I agree with this 100%. Josh is the one to blame but next you have to say, If his Father had done a better job raising him he might not have been stupid enough to get drunk and then drive while being so. In no way am I trying to put the full blame upon him but he is just as much responsible as the restaurant is and the tow truck for not moving within 8 minutes or whatever.

    It appears from hints in the media that just a few days before the accident, Tony Larussa had a "come to Jesus" meeting with him and told him he had better get his act together. Josh ignored him.
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    Manliness Personified HumnHilghtFreel's Avatar
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    Re: Hancock'c father sues restaurant

    Quote Originally Posted by paulrichjr View Post
    It appears from hints in the media that just a few days before the accident, Tony Larussa had a "come to Jesus" meeting with him and told him he had better get his act together. Josh ignored him.
    I'd probably ignore it too if the speech I was getting was coming from a guy who had recently gotten a DUI for passing out at a stop-light.

  13. #12
    Potential Lunch Winner Dom Heffner's Avatar
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    Re: Hancock'c father sues restaurant

    This isn't anybody's fault but Josh Hancock's.

    If you're the type of person that doesn't know when enough is enough, you have no business drinking at a bar when you are your own ride home.

    These bars have enough to deal with without having to babysit a grown man. I guess if he vomits on his clothes from drinking too much, the bar should buy him a new outfit, pay for his aspirin for his hangover, blah, blah, blah.

    Here's an idea, Mr. Hancock. How about zipping your mouth instead of trying to earn financial gain from your son's stupidity?

  14. #13
    Member jimbo's Avatar
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    Re: Hancock'c father sues restaurant

    Quote Originally Posted by HumnHilghtFreel View Post
    I'd probably ignore it too if the speech I was getting was coming from a guy who had recently gotten a DUI for passing out at a stop-light.
    Yeah, good point. Pratice what you preach Tony.

  15. #14
    Member hebroncougar's Avatar
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    Re: Hancock'c father sues restaurant

    Why doesn't the restaurant countersue the father for not teaching his son better and bring unwanted negative publicity on the restaurant?

  16. #15
    "Let's Roll" TeamBoone's Avatar
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    Re: Hancock'c father sues restaurant

    I can not for the life of me figure out why Josh's family is doing this... except for the possiblility that the restaurant serving an intoxicated patron. He would have to be visibly intoxicated for the restaurant to be liable, at least that's the law in NY. I'm not sure about Missouri (or Ohio for that matter, and I live here).

    I do find it odd that the tow truck was actually in a driving lane with no flares, lights, or flashers. I've never seen a tow truck at a scene without its flashers on (at minimum) and they can be seen for a long distance, unless it was on a curve.

    As for the driver of the stalled care? Wow! That's an even wilder stretch. A car can stall in a split second. When that happens the power steering goes (if it had power steering) and he was helpless to move it anywhere.

    Had Josh been sober, it could all have been avoided. He didn't see the tow truck because HE WASN'T LOOKING!!!! And when he did see it, there was no time to react.

    With the possibility of the restaurant, no one was responsible but Josh... and he payed the ultimate price. And even if the restaurant did sell him way way too many, it wash Josh's ultimate decision to drive. He should have known better... you'd think someone, however, would have taken his keys away.
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