A Little Misdirection

Wow. There is very little that strikes me as sensible in this. It wouldn't be the first time a bar was sued for a drunk-driving death, but the inclusion of these other defendants hurls the whole thing towards "frivolous." You can hardly come down but so hard on a father whose son is just a memory. Still, at some point someone close to the family has to step in and preserve dignity, or at least let some of the innocent -- no, already victimized -- defendants in this suit let their horrible memories fade without this harassment.

Like many, I've been using the "reckless bartender overserved me" as a punchline for 15 years. This would be comical if it weren't based on a tragedy. We get back to one our favorite antiquated virtues at G:TB, personal accountability. It's always always always someone else's fault. If there's not a counter-suit of the estate by the towing company, I'd be surprised.

Read on... (I highlighted the more alarming passages)

Hancock's father sues, claims son was overserved

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. 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 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 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. [Ed. Note: Presumably this could be Josh's dope dealer, the cell phone company, the seat belt manufacturer, the state of Missouri for imposing the speed limit, and the U.S. Federal Government for the 21st Amendment.] 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."