Yet another crazy lawsuit...

Michael_K_Sr · 05-24-2007, 05:53 PM

I could see this coming from a mile away. Well, at least the first part. It seems the father of the late St. Louis Cardinals pitcher Josh Hancock is filing lawsuits left and right to try and cash in from the death of his son. I would have bet at the time of the accident that there would be a lawsuit against the restaurant where Hancock was served liquor for hours...his BAC was nearly double the legal limit at the time of his death.

However, the father also has the chutzpah to not only sue the towing company and the driver of the tow truck that his son crashed into, but he's also suing the driver of the car that the tow truck was there to pick up! They also found marijuana in Hancock's car after his death. No word on whether his dad will try suing the guy that grew that weed in his garage.

Maybe he should also be suing himself for not confronting his own son about an obvious drinking problem.

Carl Johnson · 05-24-2007, 07:24 PM

Dad shouldn't get a dime. Although Hancock was legally intoxicated at the time of the crash he wasn't so plastered that the bar was negligent in serving him. Short of confiscating the car keys of everyone that enters the bar and requiring the driver to pass a breathalyzer to get them back there isn't a whole lot that they could have done to prevent this.

Brian Perry · 05-24-2007, 07:30 PM

Maybe the Cardinals should sue him for raising a drunk driver...

I at least hope the guy whose car had stalled can sue the father for the legal fees he's going to incur.

Chris Lockwood · 05-24-2007, 08:52 PM

> Dad shouldn't get a dime.

I agree. His son was a grown man, and basically committed suicide accidentally.

When you get drunk, drive, and die, that's nobody's fault but yours.

Garrett Lundy · 05-24-2007, 09:55 PM

Quote:

Originally Posted by Michael_K_Sr

However, the father also has the chutzpah to not only sue the towing company and the driver of the tow truck that his son crashed into, but he's also suing the driver of the car that the tow truck was there to pick up!

Sign No.1 that your lawyer's know they have nothing.

**HTF Ads**

Kyle McKnight · 05-24-2007, 10:01 PM

Sue everyone and hope for something.

Yee-Ming · 05-24-2007, 10:08 PM

Ugh. I'm appalled. Lawsuits like this make me think that the British system, where unsuccessful plaintiffs are required to pay the defendants' legal costs, should be imposed, especially where plaintiffs' lawyers are allowed contingency fees. The sheer shotgun approach to suing so many parties -- the poor drive whose car stalled! Puh-leez! -- shows, as already observed by Garrett, that even the plaintiff's lawyer knows he hasn't got much of a case, and is hoping for nuisance-value settlements from the various insurers involved, especially since the plaintiffs are going to be citing multi-million dollar damages for lost earnings. And at the end of the day, insurance premiums for everyone else will go up.

OK, I recognise the contingency fee system has some merit to it, especially if the plaintiff is a poor workman injured at work and otherwise can't mount a claim, but this is one case where it's working the other way, i.e. unmeritorious claims are being pursued in the hope of a nuisance settlement by the defendants. There really should be provisions for plaintiffs being ordered to pay costs in frivolous lawsuits; had this lawsuit been filed here, I have little doubt it would be struck out (i.e. dismissed) well before getting anywhere near trial.

Sorry for the rant. And before anyone thinks the above is anti-lawyer, I am one...

Jon_Are · 05-24-2007, 10:20 PM

Maybe it's just me, but I believe I'd be too wrapped up in my feelings of overwhelming grief (not to mention too upset that my son was driving drunk, speeding, and not wearing a seatbelt) for it to even cross my mind that this may be an opportunity to generate a windfall of cash.

Jon

Michael_K_Sr · 05-24-2007, 11:45 PM

From the AP newswire...

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.

I guess he's negligent for not being able to get in the minds of other drivers.

Dome Vongvises · 05-25-2007, 09:19 AM

I have no concept of how the legal system works (yep, I've said this before), but I would imagine the judge would throw this case out based on the lack of merit....or sheer stupidity of it.