95 postsback to top
Posted almost 10 years ago
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.
The Cardinals and Major League Baseball were not listed as defendants. In a brief statement, the Cardinals said, "We hope this matter will come to a swift and fair resolution for all parties involved."
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."
Sorry, but his dad needs to be a man & admit his son's lack of judgement & responsibility is the cause of his death & not the bar, the tow truck driver or the driver he was assisting.
Not to sound callous, but I have no sympathy for drunk drivers, I'm just glad no one but him paid for his stupidity.
1072 postsback to top
| Posted almost 10 years ago
I could go on a real rant about this, because I think this attitude-- "Everyone but me is to blame"-- is a real problem in this country.
I'll keep it to myself, but just say this: when you blame everyone else for your problems, you give away your power to change your own life and solve those problems. That son would be alive today if he had learned to take responsiblity for his drinking and just called a cab.