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Father of deceased St. Louis Cardinals pitcher suing...well, everyone

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Neecy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:24 PM
Original message
Father of deceased St. Louis Cardinals pitcher suing...well, everyone
I'm sorry this guy drove drunk and died, but this lawsuit is absolutely ridiculous. I understand wanting to hold the restaurant liable - this is happening more and more - but the driver of the car that spun out through no fault of the person driving it?

ST. LOUIS -- 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 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.


http://sports.espn.go.com/mlb/news/story?id=2881602&campaign=rss&source=MLBHeadlines





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shain from kane Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:28 PM
Response to Original message
1. Maybe they could have moved it out of the way if Hancock hadn't been speeding to an accident.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:30 PM
Response to Original message
2. How stupid
Edited on Thu May-24-07 04:31 PM by proud2Blib
A friend who is a baseball fan told me Hancock had been in rehab for alcoholism. So I wonder if Dad will also sue the rehab facility. It obviously didn't work.
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alarimer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:32 PM
Response to Original message
3. They're blaming a guy whose car stalled on the highway?
Instead of the fucking idiot who drove drunk and sped. Yeah, he's dead. That is what happens sometimes when people drive drunk. Gee, I'm sorry your kid is dead but IT WAS HIS OWN FUCKING FAULT!
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enough already Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:35 PM
Response to Original message
4. They should all counter-sue him for every penny he's got
Maybe then this kind of bullshit will stop. Honestly, this is beyond stupid. Someone should beat the shit out of the lawyer who put him up to this while he's still obviously grieving.

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youngdem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:35 PM
Response to Original message
5. His father needs to put blame FOR ONE TIME IN HIS LIFE on his son
Something tells me this isn't the first time daddy has made ridiculous excuses for his special son's behavior.

Perhaps, his father should look at his own upbringing of his son to see if there is anything he could have done to teach his son personal responsibility.


Speeding, stoned, drunk, on a cell phone at night. Darwin Award nominee. End of story.



GODDAMN do I hate this shit....EVERY SINGLE TIME someone dies, it isn't their fault.



Ugh. I hope to God everyone but the bar loses. I hope the bar has its license yanked for serving a drunk person, and they award the Dad $1.


Blame your son, sir... That is all.
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Henryman Donating Member (187 posts) Send PM | Profile | Ignore Thu May-24-07 05:35 PM
Response to Reply #5
14. I'm not so sure I agree with the bar being at fault...
Is it the bars responsibility to know how every customer is getting home? Driving, walking or rickshaw? I'll bet the law states something like a bar must not serve a visibly intoxicated person, which is a subjective standard. My $0.02.
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youngdem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 06:01 PM
Response to Reply #14
15. The law says you cannot serve someone who is noticeably intoxicated
so, liability here for the bar is pretty clear since there are numerous reports the player was obviously drunk and at the business for hours.

I don't agree with the law, but it has to exist so that bars don't become abusive in encouraging excessive drinking.
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Henryman Donating Member (187 posts) Send PM | Profile | Ignore Fri May-25-07 11:09 AM
Response to Reply #15
18. Again, "noticeably" is subjective. n/t
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tularetom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:36 PM
Response to Original message
6. This guys the dumbest mofo I've read about in a while
Don't like to speak ill of the dead but it's obvious there were no rocket scientists partaking of Thanksgiving dinner at the Hancock house.

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Elwood P Dowd Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 06:31 PM
Response to Reply #6
17. Josh made 28 on his ACT
I wouldn't call him dumb. Fans and players loved him everywhere he has ever played, but he had developed a serious drinking problem. Happens to many pro athletes - smart or dumb.
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JenniferJuniper Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:39 PM
Response to Original message
7. Missouri is a pure comparative negligence state..
last time checked. And in such jurisdictions, even if the plaintiff is 99% at fault for the accident, if a jury finds at least 1% of negligence on any other party, the plaintiff must be compensated for that percentage of his damages. I don't know anything about the wrongful death statute in the state, but if his estate can assert a claim for future lost earnings, they could end up with a substantial settlement. Even though the guy basically topped himself.
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cloudbase Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:43 PM
Response to Original message
8. A fairly common tactic.
After all, it doesn't cost any more to add names when the suit is filed.
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JenniferJuniper Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:47 PM
Response to Reply #8
11. well...
not to just to add a name, it doesn't. But in a situation like, this with different liability allegations for each defendant, the discovery costs will add up for the plaintiff as well. Although the pay day will likely make it worth it in the end.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:44 PM
Response to Original message
9. Looks like he lost his meal ticket
and needs another one.
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LizW Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:46 PM
Response to Original message
10. Not the girl he was talking to on the cell phone?
I mean, why didn't she tell him to hang up? :sarcasm:
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benddem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:48 PM
Response to Original message
12. this guy is a
repug right? What a jack ass. Hope the judge throws it out of court.
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ORDagnabbit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 04:59 PM
Response to Original message
13. two words... Personal. Responsibility. n/t
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ikojo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-24-07 06:10 PM
Response to Original message
16. Guess his dad can't accept that his
son was an irresponsible drunk. According to reports on St Louis news, Mr Hancock was a regular at Shannon's.
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Nye Bevan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-25-07 11:13 AM
Response to Original message
19. Give me a break
Edited on Fri May-25-07 11:14 AM by MathGuy
This irresponsible idiot was:

1. Drunk
2. Smoking pot
3. Talking on his cellphone
4. Not wearing a seatbelt
5. Speeding

He crashes his car and is killed, and everyone *else* is to blame?

:wtf:

The only thing to be happy about in this whole sorry incident is that the jerk didn't take anyone with him.
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