Hancock's father sues restaurant

[zombie-a-go-go]

Hell, while they're at it why not sue:

The Department of Public works for road conditions that OBVIOUSLY contributed to the crash,

Every company that had a billboard up between the bar and the crash site for distracting him,

The dealer who sold him the dope,

Alexander Graham Bell's estate for inventing the telephone,

The manufacturer of his car,

The manufacturer of his tires,

The manufacturer of his brake pads,

and the state of Utah for casting the deciding vote that repealed Prohibition?

[Chip R]

Originally Posted by zombie-a-go-go

Hell, while they're at it why not sue:

The Department of Public works for road conditions that OBVIOUSLY contributed to the crash,

Every company that had a billboard up between the bar and the crash site for distracting him,

The dealer who sold him the dope,

Alexander Graham Bell's estate for inventing the telephone,

The manufacturer of his car,

The manufacturer of his tires,

The manufacturer of his brake pads,

and the state of Utah for casting the deciding vote that repealed Prohibition?

Budweiser for making the beer.

[TeamSelig]

My wifes stepmom sued a bar for allowing a couple drunks to leave and later hit her car (killing her son, and severely injuring her and her daughter)... that said, I hate seeing instances like this, and don't believe in it.

However, law enforcement hanging outside of a bar and pulling over everyone over very little things shouldn't be looked down upon IMO... the bar owners should not be able to be sued but in return there should be some heavy security on who is drinking and driving from there. Just my opinion of course

[Redsland]

Drunk, speeding, on a cell phone, no seat belt, pot.

Definitely someone else's fault.

[WMR]

Ridiculous lawsuit.

[George Foster]

Just because someone is suing does not mean anything will become of it. You have a lawyer who is taking a chance at a settlement. A "roll of the dice." It cost very little to file a law suit. It is the system that is flawed.

In some states, if your file a suit that is without merit, and it is tossed out of court, you have to pay the defendant's court cost. This should be the law in all 50 states.

It's horrible that the Hancock family is trying to profit from Josh's stupidy. They were all being "taken care of" by Josh I'd say, and they are missing the checks!

[cincinnati chili]

Originally Posted by George Foster

In some states, if your file a suit that is without merit, and it is tossed out of court, you have to pay the defendant's court cost. This should be the law in all 50 states.

I'm pretty sure that judges have this discretion in every state (to award court costs to prevailing parties upon summary judgment or dismissal). If not, it's an overwhelming majority. However, court costs are sometime a drop in the bucket compared to attorneys' fees. You're not going to recover attorneys fees unless you bring a separate suit (either Rule 11 or abuse-of-process type claims) after prevailing in the instant suit. The restaurant could never prevail in this type of claim, as "dram shop" laws are a fact of life for them. The tow-truck guy and broken-down motorist might have a better shot, but it's still an extreme longshot.

To clarify: court costs include the cost of filing a case, court stenographers, fees to get papers served, pay for jurors, things of that nature. Not attorney fees

[registerthis]

Originally Posted by cincinnati chili

I'm pretty sure that judges have this discretion in every state (to award court costs to prevailing parties upon summary judgment or dismissal). If not, it's an overwhelming majority. However, court costs are sometime a drop in the bucket compared to attorneys' fees.

Yep.

Apples and oranges, I know, but I'm suing a guy right now in D.C. Superior Court and it cost me all of $10 to do it.

A drop in the bucket compared to the $1,200 in repairs I had done to my car after he hit it and sped away.

[remdog]

Update:

Family of Cardinals Pitcher Hancock Drops Wrongful-death Lawsuit
Jul 30, 2:35 PM (ET) Email this Story

By CHERYL WITTENAUER
ST. LOUIS (AP) -The family of late Cardinals pitcher Josh Hancock dropped a wrongful-death lawsuit against Mike Shannon's restaurant stemming from the player's death in April.

The family's lawyer, Mark Bronson, said he filed a motion to dismiss the lawsuit before a procedural hearing Monday in St. Louis Circuit Court. The lawsuit had alleged that others shared responsibility for Hancock's death.

He referred questions to Hancock lawyer Keith Kantack in Tupelo, Miss. Kantack did not immediately return a phone call seeking comment.

Hancock, a 29-year-old relief pitcher, died after a St. Louis Cardinals home game in April when he crashed his sport utility vehicle into the back of a tow truck stopped on U.S. 40 in St. Louis. The lawsuit was filed a month later by Hancock's father, Dean Hancock.

The motion effectively ends the legal battle, although the lawsuit could be refiled.

The lawsuit alleged that others shared responsibility for Josh Hancock's death, including Mike Shannon's restaurant, where the player drank earlier in the night; restaurant manager Pat Shannon Van Matre; the tow truck driver; the tow truck company; and the driver of a disabled car on the highway whom the tow truck driver had stopped to help.

"That's the end of it," said Don Wolff, lawyer for the Shannon family. "This case never had any merit. It was totally and completely without merit."

Judy Shannon, wife of Cardinals broadcaster and former player Mike Shannon, who owns Shannon's restaurant, died Saturday after a battle with brain cancer.