Hancock's father sues Shannon's, tow company, owner of stalled car

ST. LOUIS (AP) -- The father of Josh Hancock filed suit Thursday, claiming among other things that a popular St. Louis restaurant continued to provide drinks to the Cardinals relief pitcher even though he was clearly intoxicated prior to the drunk-driving crash that killed him.

The suit filed in St. Louis Circuit Court does not specify damages. It does not name the Cardinals or Major League Baseball.

But the suit brought by Dean Hancock of Tupelo, Miss., names Mike Shannon's Restaurant, which is owned by the longtime Cardinals broadcaster who starred on three World Series teams in the 1960s. It also names Shannon's daughter, Patricia Shannon Van Matre, the restaurant manager; 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 Hancock, 29, 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 days after the accident. Marijuana was also found in the SUV.

Mokwa said Hancock went to Shannon's not long after the Cardinals played a day game against the Chicago Cubs on April 28. The lawsuit claimed that Hancock was a regular at the restaurant bar and was there for more than 3 1/2 hours.

"It's understood that for the entire three-and-a-half hours that Josh Hancock was there that he was handed drinks," said Keith Kantack, an attorney for Dean Hancock. "It's our understanding that from the moment Josh Hancock 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 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. Police said he arrived there just moments before the truck was struck by Hancock'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 named later in the suit. He declined to speculate on whether the Cardinals or Major League Baseball could be added to the suit, but said the Hancock family has been "overwhelmed by the support and respect the Cardinals have shown since Josh's passing."

In a written statement, Dean Hancock said 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 Hancock 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 ..."