Thursday, May 24, 2007

What's wrong with America?

In an ongoing series I’m going to label  “What’s Wrong With America?” I’m going to point out things I think are wrong with our system. One of those is this ridiculous lawsuit filed by the parents of deceased Sl Cardinals pitcher Josh Hancock. According to this story on, Hancock’s family is suing the restaurant that continued to serve John Hancock drinks. Here I’ve copied some of the article….


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.


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.


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.


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?"



OK…..So Hancock kept drinking (no one forced him to put those drinks to his lips), he had Marijuana in his car, he wasn’t wearing a seatbelt and he was speeding while using a cell phone. But, it’s the restaurant, tow truck drive and the guy who’s car broke down fault? Are you freaking kidding me? Not only should this suit be thrown (not tossed) out of court, Hancock’s father should be fine 10,000 bucks for wasting everyone’s time. The sad thing is, there probably will be settlement by insurance companies and the family will actually profit from their son’s stupid actions. I feel for them, the lost a son. But face facts, he was an idiot for doing all those things. He easily could have killed the tow truck driver and the owner of the stalled vehicle. In fact, that’s what this lawsuit could be all about. They could have fired a pre-emptive strike to protect against those people suing the estate for their damages caused by Hancock.


This is a disgraceful lawsuit filed by a family of a son who died doing some disgraceful things. I certainly hope they get nothing out of this.  I love the part about the tow truck taking too long to move the vehicle. Two things on this…first, with traffic whizzing by me on the freeway I’m not rushing and making a mistake if I am the tow truck driver. Second, none of the other SOBER drivers seemed to have a problem with it. If the tow truck driver really was there for 15 minutes, that means 15 minutes worth of traffic went by with no complications. It’s only when a drunk, cell phone talking, no seat belt wearing, speeding, marijuana smoking idiot drives by that there is an issue.