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Old 05-24-2007, 04:24 PM   #1
alittlejazzbird
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Default Dead Cardinal Pitcher's Dad Sues Restaurant

Oh, puh-leeeeeeeeeze. Let me see if I have this correct....the father of a 29-year old non-dependent child is saying that a restaurant is responsible for his son's choice to drink until he was incapacitated, is suing the towing company for having the gall to have put a towtruck in the path of his intoxicated, speeding, cell-phone using, non-seatbelt wearing, possibly pot-smoking grown adult child, and is also suing the driver of the stalled car on the interstate for, presumably, existing at all.

Just when I think that Americans' problem with personal accountability can't get any worse, along comes Mr. Han****, who can't accept that his son had no self-control and catastrophically poor judgment. Josh Han**** is the ONLY person responsible for his death. That doesn't mean he deserved to die, don't get me wrong; but I hope the judge laughs his father out of the courtroom for this sad and pathetic waste of taxpayer money.

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Dead Cardinal pitcher's dad sues restaurant
Dean Han**** says son was served alcohol even though he was drunk
The Associated Press
Updated: 4:13 p.m. ET May 24, 2007
ST. LOUIS - The father of Josh Han**** 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 Han**** 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 Han****?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.

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.

Mokwa said Han**** went to Shannon?s not long after the Cardinals played a day game against the Chicago Cubs on April 28. The lawsuit claimed that Han**** was a regular at the restaurant bar and was there for more than 3? hours.

?It?s understood that for the entire 3? hours that Josh Han**** was there that he was handed drinks,? Keith Kantack, a lawyer for Dean Han****, said. ?It?s our understanding that from the moment Josh Han**** 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 Han****?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. He declined to speculate on whether the Cardinals or Major League Baseball could be added to the suit, but said the Han**** family has been ?overwhelmed by the support and respect the Cardinals have shown since Josh?s passing.?

Dean Han**** 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 Han**** 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.?


? 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
URL: http://www.msnbc.msn.com/id/18848921/
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Old 05-24-2007, 05:00 PM   #2
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Default Re: Dead Cardinal Pitcher's Dad Sues Restaurant

Let's not also forget that this guy was in an accident not even a week before his fatal accident.

Everybody wants to blame everybody else for their own actions. I wonder if this guy hired Marvin Lewis as his lawyer?
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Old 05-24-2007, 08:11 PM   #3
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Default Re: Dead Cardinal Pitcher's Dad Sues Restaurant

This pitcher was going to kill someone eventually unless he got serious help. Did anyone close to him know of his addictions? If they did then they should have tried to help him. If not then the blame lies squarely with Josh himself.

However.... Bartenders and waitstaff are not supposed to serve people who are visibly impaired more alcohol. His dad may have a case here. It's been upheld in the past.
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Old 05-25-2007, 08:28 AM   #4
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Default Re: Dead Cardinal Pitcher's Dad Sues Restaurant

The father at least can use the excuse that he is crazed with grief (or crazed with lost income?) in filing suit but the person that needs to get whacked is the attorney who has the chutzpah to draft a lawsuit that claims the driver of the car that stalled was responsible for the death of a DWI driver who had pot in the car and apparently was talking on his cell phone at the time he rammed into the tow truck. Another fine example of the "sue everyone and hope to force a settlement" American civil litigation system.
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