Darwin strikes again

xoxoxoBruce • May 25, 2007 10:15 pm
According to the Illinois police report, A man named Justin tolar, driving a Geo Prism, became stalled when it spun out after being cut off by another vehicle on I-64.

A man named Jacob Hargrove, driving a flatbed tow truck belonging to Eddie's Towing, stopped to help.

A man named Josh Hancock, relief pitcher for St. Louis Cardinals comes along and smashes into the truck.
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.
Darwin lives.

A man named Dean Hancock, father of the dead pitcher, is suing Mike Shannon's Restaurant, along with Shannon's daughter, Patricia Shannon Van Matre, the restaurant manager, for serving the deceased too much booze.
That's debatable, but not a surprise.

Hancock is also suing Eddie's Towing and Jacob Hargrove, because he was stopped for five to seven minutes, yet failed to get the stalled vehicle out of the way.

Hancock is also suing Justin tolar for being, "negligent in allowing his Geo Prism to reach the point where it stalled on the highway, and for failing to move it out of the way of oncoming traffic."

Handcock's lawyer says, "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,"

Handcock says, "the facts and circumstances of Josh's death "have caused great pain to all of Josh's family."

Well Mr Handcock, I'm sure it has. I suppose suing all these people will help dull the pain.... but it won't change the fact that your son was an idiot and his death was his own doing and responsibility. Asshat.
piercehawkeye45 • May 25, 2007 10:18 pm
God, mourn over someones death but don't bring it upon other people for something that they clearly have no fault in. This world has too many pathetic self-centered assholes.
xoxoxoBruce • May 26, 2007 12:23 am
Not taking responsibility is making some lawyers, very rich.
zippyt • May 26, 2007 12:41 am
the father should be procuquted for wrongfull litagation ,or fishing for settelments , the judge should calmly explain that No body MADE his son drink and drive , his judgement was off and he wrecked and died , ALL his fault , Leave these poor folks alone !!!!
or just taken out back have his ASS kicked !!!!
I am OK with eather .
HungLikeJesus • May 26, 2007 2:48 am
xoB, I read this article earlier and considered posting it here. I agree with you completely - but maybe I shouldn't put that in writing.
freshnesschronic • May 26, 2007 9:58 am
Ah.
God bless America.
And my own state of Illinois.
X__X
xoxoxoBruce • May 26, 2007 10:09 am
HLJ;347179 wrote:
xoB, I read this article earlier and considered posting it here. I agree with you completely - but maybe I shouldn't put that in writing.
Oh sure, they'll probably sue me too, for soiling the memory of the deceased. But they better talk to Spex and find out how dangerous I am, before they try that shit.
rkzenrage • May 26, 2007 3:26 pm
I guess stupid is hereditary.
Hoof Hearted • May 27, 2007 12:22 am
Stupid should hurt. In his son's case, stupid killed him.
Beestie • May 27, 2007 3:03 am
Maybe the father should sue himself for flagrant parental suckitude.
richlevy • May 28, 2007 9:21 am
I am not a lawyer, but I know of cases where eating and drinking establishments have been sued for serving to impaired patrons or for letting them drive away. It sucks for them, but in order to get a liquor license, the implication is that the bar or restaurant are acting as professionals who would be expected to have the experience to judge when someone has had too much. This is of course not true in the real world and especially not true of athletes, who can give false impressions of sobriety. Pelle Lindbergh's death in our area really started a debate on drinking, drinking by athletes, and the responsibility of servers.

As for the original driver, suing someone for being the victim of an accident is probably the surest way to have your suit thrown out.

For the tow truck driver, 5-7 minutes, or even 15, may not have been long enough to move a car out of the way, especially if you are seeing to the driver. The reason tow trucks (and cars) have emergency blinkers is to provide a warning to other drivers. The tow trucks lights and blinkers were probably sufficient to warn away drivers who weren't drunk, distracted, and stupid. BTW, the Illinois Good Samaritan statutes could have applied, but only if the tow truck driver is considered a 'first responder', which I doubt. I am not a lawyer, so I don't know.

Read this List of Sports People who have died during their playing career. Outside of sports-related injuries and plane crashes, the number one killer is vehicle crashes, usually automobile.
Beestie • May 28, 2007 10:26 am
Just another lawyer trying to win the lottery.
Sundae • May 28, 2007 3:56 pm
Someone should sue the Dad for not pulling out in time.
Disgraceful behaviour.
busterb • May 28, 2007 6:02 pm
Darwin is about to strike here, if I don't stop reading SG's post and light the grill.
xoxoxoBruce • May 28, 2007 6:50 pm
Compelling, ain't she?
rkzenrage • May 28, 2007 9:38 pm
richlevy;347738 wrote:
I am not a lawyer, but I know of cases where eating and drinking establishments have been sued for serving to impaired patrons or for letting them drive away. It sucks for them, but in order to get a liquor license, the implication is that the bar or restaurant are acting as professionals who would be expected to have the experience to judge when someone has had too much. This is of course not true in the real world and especially not true of athletes, who can give false impressions of sobriety. Pelle Lindbergh's death in our area really started a debate on drinking, drinking by athletes, and the responsibility of servers.

As for the original driver, suing someone for being the victim of an accident is probably the surest way to have your suit thrown out.

For the tow truck driver, 5-7 minutes, or even 15, may not have been long enough to move a car out of the way, especially if you are seeing to the driver. The reason tow trucks (and cars) have emergency blinkers is to provide a warning to other drivers. The tow trucks lights and blinkers were probably sufficient to warn away drivers who weren't drunk, distracted, and stupid. BTW, the Illinois Good Samaritan statutes could have applied, but only if the tow truck driver is considered a 'first responder', which I doubt. I am not a lawyer, so I don't know.

Read this List of Sports People who have died during their playing career. Outside of sports-related injuries and plane crashes, the number one killer is vehicle crashes, usually automobile.


Letting them drive?
You don't know if they are getting a cab or meeting someone outside when they leave and it is not your job to find out, it is their job not to drive.
Adults, remember?
The only time it is their fault is if the patron says "I'm going to drive". I was a bouncer.