Re: Father of DUI basebaaller who crashed and died SUING EVERYBODY INSIGHT!!!



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Topic: Politics > Politics-USA
User: "Bo Raxo"
Date: 27 May 2007 05:40:27 AM
Object: Re: Father of DUI basebaaller who crashed and died SUING EVERYBODY INSIGHT!!!
On May 24, 9:07 pm, "Bill Bonde ( 'Hi ho' )"
<tributyltinpa...@yahoo.co.uk> wrote:

Speeders & Drunk Drivers are MURDERERS wrote:





Fucking crazy. I'm just glad this psycho driver only killed himself. But
all the father can see is a chance to make a buck.


http://www.usatoday.com/sports/baseball/2007-05-24-1946074538_x.htm


Hancock's father sues over pitcher's death


By Jim Salter, Associated Press Writer
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."


Have they added NASA and the Man in the Moon to the list of 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.


What's the argument exactly? What did anyone do to cause or help cause
this accident other than the driver? I see a claim of serving a drunk
person, what did the stalled car driver and tow truck driver do or not
do?

The argument - and understand, I'm just reporting this, not agreeing
with it - is that the motorist whose car was stranded was
irresponsible for spinning his car out and getting it stranded where
it was, and that the tow truck driver acted too slowly and had plenty
of time to get his truck and the stranded car out of the way, but
dallied too long with his tow truck out where it did not need to be,
or where it should not be.
My guess - I'm not an attorney, so this is speculation - is that this
is a preemptive strike. The father is probably worried the tow truck
driver will sue his dead son's estate, so he files a huge lawsuit
against everyone in sight to intimidate the tow truck driver, his
employer, and the stranded motorist from filing their own suits. The
father's attorneys then offer to let everyone else walk away from a
civil suit if they agree to sign off on a no-fault agreement all the
way around.
IOW,. I think it's a tactical move, not a genuinely honest take on the
real facts. I know, thinking attorneys would ignore the moral reality
and file lawsuits as a defensive maneuver against people who might
have a legitimate claim against their client - how can I possible be
so cynical? Probably because I know quite a few lawyers.
Bo Raxo
.

User: "Bill Bonde Hi ho "

Title: Re: Father of DUI basebaaller who crashed and died SUING EVERYBODYINSIGHT!!! 27 May 2007 12:58:31 PM
Bo Raxo wrote:


On May 24, 9:07 pm, "Bill Bonde ( 'Hi ho' )"

What's the argument exactly? What did anyone do to cause or help cause
this accident other than the driver? I see a claim of serving a drunk
person, what did the stalled car driver and tow truck driver do or not
do?


The argument - and understand, I'm just reporting this, not agreeing
with it - is that the motorist whose car was stranded was
irresponsible for spinning his car out and getting it stranded where
it was, and that the tow truck driver acted too slowly and had plenty
of time to get his truck and the stranded car out of the way, but
dallied too long with his tow truck out where it did not need to be,
or where it should not be.

That would be contributory negligence or something like that. I wonder
how far you get arguing that when the person whose estate is suing was
drunk behind the wheel.

My guess - I'm not an attorney, so this is speculation - is that this
is a preemptive strike. The father is probably worried the tow truck
driver will sue his dead son's estate, so he files a huge lawsuit
against everyone in sight to intimidate the tow truck driver, his
employer, and the stranded motorist from filing their own suits. The
father's attorneys then offer to let everyone else walk away from a
civil suit if they agree to sign off on a no-fault agreement all the
way around.

Was anyone else hurt? Trying to sue someone when you aren't physically
hurt isn't necessarily the windfall it might seem to be. The US might be
too lax in what it gives people who claim a nebulous injury while not
serious enough about people who are just mistreated.

IOW,. I think it's a tactical move, not a genuinely honest take on the
real facts. I know, thinking attorneys would ignore the moral reality
and file lawsuits as a defensive maneuver against people who might
have a legitimate claim against their client - how can I possible be
so cynical? Probably because I know quite a few lawyers.

You might be right but this will just force the people being sued to
seek their own advice and might prompt a response that otherwise might
not be forthcoming, I mean the drunk guy did die.
--
"There are some gals who don't like to be pushed and grabbed and lassoed
and drug into buses in the middle of the night."
"How else was I gonna get her on the bus? Well, I'm askin' ya.",
George Axelrod, "Bus Stop"
.


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