Hancock's father sues over pitcher's death

~ Dean Hancock named the restaurant and tow truck driver in the suit.

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.

The suit, filed in St. Louis Circuit Court by Dean Hancock 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 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.

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 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 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 31/2 hours.

"It's understood that for the entire 31/2 hours that Josh Hancock was there that he was handed drinks," Keith Kantack, a lawyer for Dean Hancock, said. "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.

The lawsuit claimed Tolar was 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. A police report said the Prism 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 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.

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.