Hancock's father sues restaurant

[remdog]

The driver of the stalled car was also the first one I thought of TB. Geez, the guy's car breaks down, he could have been seriously injured or even killed and now he's getting sued. All because a guy was driving drunk, talking on a cell phone and in a car he was unfamiliar with 'cause he had just recently been another auto accident!

Rem

[Chip R]

Sounds like some ambulance chaser is trying to get money for the Hancocks from insurance companies of the guy whose car broke down and the tow truck driver. They may just settle to avoid a suit.

[TeamBoone]

Originally Posted by Chip R

Sounds like some ambulance chaser is trying to get money for the Hancocks from insurance companies of the guy whose car broke down and the tow truck driver. They may just settle to avoid a suit.

You're right, Chip. They may. That's a huge flaw in the judicial system as it promotes ridiculous filings and wastes the courts' time (and taxpayer dollars).

It also costs you and me in higher insurance premiums.

In this day and age of frivilous lawsuits, seems a judge should have the right to throw the dumb ones out before they even get started (pending a review of course). They know right away whether or not someone has actually broken the law and/or whether the party has a legitimate case.

I hate that the Hancock's are doing this, but I at least hope they are doing it because they truly blieve these other parties share some of the blame (though I find that hard to believe) and not because they are money grubbers. Josh was unmarried; they must have received a very generous settlement from his estate or are due to if it hasn't yet been settled.

Just plain foolish and greedy to drag innocent parties into this. Those innocents will now have to spend a bunch of money on representation too. I'd be willing to bet they every one of them has far less money than Josh's parents do.

[GAC]

Didn't they also find pot in his system? Who is he gonna sue for that?

[HumnHilghtFreel]

Originally Posted by GAC

Didn't they also find pot in his system? Who is he gonna sue for that?

Pyrex

[pedro]

Originally Posted by GAC

Didn't they also find pot in his system? Who is he gonna sue for that?

Tommy Chong.

[Tony Cloninger]

I think they may be shamed into dropping the case......at least
i hope they would be.

[RFS62]

Great way to honor your sons memory, you jackass

[Yachtzee]

Suits like this make the case for tort reform.

On a side note, the Cards were not named as defendants for having a fridge of beer in the clubhouse.

[KYRed]

Originally Posted by TeamBoone

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.

IIRC, the tow truck had its overhead flashing lights on. I know I remember the driver stating that he was actually in the driver's seat before impact and saw the vehicle coming well before impact in his mirrors and laid on the horn for the period of time until impact. That will help him.

As for the restaurant, I think they also offered him a cab and he flatly refused, saying he was okay. In reality they probably suspected he shouldn't be driving, but who knows for sure. The pot has to play a part as well, because Mike Shannon didn't serve him that.

I hope they never see a penny and agree that I hope the family is shamed if they don't drop it. I feel for their loss, but the moment they filed this, my sympathy ended.

[cincinnati chili]

Originally Posted by Yachtzee

Suits like this make the case for tort reform.

On a side note, the Cards were not named as defendants for having a fridge of beer in the clubhouse.

There's time to amend the complaint.

[Yachtzee]

Originally Posted by cincinnati chili

There's time to amend the complaint.

That is true. Might be a proximate cause issue though.

[macro]

Originally Posted by HumnHilghtFreel

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.

On the other hand, it would be easier to listen to someone who had "been there" than to someone who had never touched a drop in their lives and completely couldn't relate to the situation.

[KYRed]

Originally Posted by Yachtzee

That is true. Might be a proximate cause issue though.

One would think the attorney for the driver of the stalled car is focusing on that to end the suit for his client.

[savafan]

Originally Posted by KYRed

As for the restaurant, I think they also offered him a cab and he flatly refused, saying he was okay. In reality they probably suspected he shouldn't be driving, but who knows for sure. The pot has to play a part as well, because Mike Shannon didn't serve him that.

I think I recall that as well. Hancock said he was just going to walk across the street, not going to drive anywhere.

Not sure any of that will help the restaurant in a suit however.

Totally unrelated, yet similiar. An 82 year old woman is walking her dog on a leash down the alley. My dog, who I am outside teaching how to fetch, sees the lady's dog on its leash, and runs over toward it. The lady, obviously thinking my big bad black labrador retriever puppy is going to cause some harm to her chihuaha (sp...little ugly Mexican dog), tries to pull her dog in close to her. Her dog's leash gets wrapped around her ankles, knocking to the ground where she breaks her wrist.

My mom drives said 82 year old woman to the hospital emergency room to get checked out. Woman says to both my mom and the doctor that it was her fault, that my dog was just wanting to play, and if she hadn't panicked and tried to rope her dog in on the leash, her wrist getting broken never would have happened. My mom waits there with her, then drives her home, checks on her for a few days afterward to make sure she is doing okay.

Three weeks later, we get served with a lawsuit claiming that my dog viciously attacked the woman. My insurance company ended up settling, seeing as how the woman's daughter seemed very persistent that her mom had been attacked by my dog, and we had been negligent. Of course, the investigators came to see my dog, take pictures of my dog, play with my dog, etc. and saw that he was just a big puppy who wouldn't hurt anyone. Still, the insurance company ended up settling just to make it go away.