Suit claims restaurant kept giving intoxicated pitcher drinks

[KFDM COOP]

A sad situation looks to get even worse...

Suit claims restaurant kept giving intoxicated pitcher drinks

Associated Press

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 Cardinals and Major League Baseball were not listed as defendants.

Authorities said the 29-year pitcher had a blood alcohol content of nearly twice the legal limit when he crashed into the back of the tow truck. He was also speeding and using a cell phone and wasn't wearing a seat belt, police chief Joe Mokwa said after the accident. Marijuana was also found in the SUV.

Mokwa said Hancock went to Mike 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 3½ hours.

"It's understood that for the entire 3½ 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.

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."

[tvc184]

You've got to feel for the father that lost his son but talk about not taking responsibility!

Let's see, the guy goes out and gets drunk. He probably also had some marijuana that was found in the car. He also didn't wear his seatbelt. Yep, I see no responsibility there.

Then, they sue the poor guy that had his car stall in the roadway. I guess he was negligent for letting his car be so outrageous as to stall at that exact location. But wait, there's more! A tow truck is called the clear the road and the tow truck is also struck by the drunk. So it is his fault also. After all, his company could have just not answered the phone and that way it would have been another wrecker driver's fault.

There is one person that is at fault for the death of Josh Hancock and that is Josh Hancock. A death sentence is a terrible price for him and his family to pay but it is still just his fault.

It is ashame that this case could not be tossed out by the judge the day after it was filed.