Posted on 05/24/2007 6:27:28 PM PDT by Tabi Katz
ST. LOUIS (May 24) - 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.
Cards Pitcher Died at 29
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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 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.
Deaths in 2007
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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."
This father raised a child who was irresponsible and killed himself. Perhaps HE should be sued.
I guess Josh did not leave his dad enough in the will.
Or at least he hasn't done it yet.
“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”
It’s the SUV’s fault!
Made me think of this movie...:)
The Hancocks are grieving and clearly aren't thinking straight. Either that or they're looney.
This is ridiculous.
The “blame game’ is being brought to a whole new level.
Is anyone responsible for his/her own actions anymore?
The guy got drunk. Period.
He left the guys who built the bar off the defendant list. Plus, the cleaning crew, as they did too good a job that the place wasn’t closed down by the health dep’t. The truck mfr. who supplied the truck that delivered the booze and the company whose name resides on the tires for same. Texas, which pumped the oil that was later turned into the asphalt that the fatal road was surfaced with, the company that painted the lines on the road, the stool manufacturer which is a REAL biggy, because their chairs successfully supported the victim’s ass which permitted him to stay at the bar far too long, and, the bar’s cash register manufacturer, the company which made the bowl all those mints were in, as well as the maker of the “have a penny, take a penny” dish at the checkout counter.
< /sarc> (yeah, but there's always one in the crowd :) )
Probably just an oversight. I'm sure it's coming.
I'm reminded of a "Married with Children" episode in which Al decks a guy who breaks into his house. The burglar then sues him for 50 grand and wins his case. Since Al doesn't have a penny to pay, he decks the guy again and sues him, claiming the burglar's face hurt his hand. Very funny at the time, but it's starting to feel not so far from the truth!
What about the Car Hire firm who rented the SUV to Hancock? And Henry Ford? They’re the ones who put the SUV into his hands.
-ccm
Wow that’s absolutely crazy. I’m almost surprised I wasn’t named a defendant.
I went to a Cardinals game back in '67.Does that me *me* a potential defendant?
The dead guy was,at least,99% responsible for his own death.
Or breathtakingly slimey.
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