Josh Hancock lawsuit against bar would not fly in Virginia

Ben Glass
Attorney
(866) 735-1102 Ext 320
Posted by Ben GlassMay 29, 2007 5:50 PM

Apparently the father of Josh Hancock, the baseball player who died recently while driving drunk (and not wearing a seatbelt and talking on the cell phone) has filed suit against a number of entities, including the driver of the car that had stalled on the road, the pickup truck that had stopped to assist that car and the bar where Hancock spent several hours allegedly drinking. I don't know what Missouri law is on the subject but that case wouldn't make it out of the gate here in Virginia.

Here, if you are in any way, even one percent, responsible for your own mishap, you lose. In Virginia, even if the bar served him and he went out and killed someone else, that other person's family wouldn't win against the bar.

Not to minimize his death.. .his death is tragic...this lawsuit is silly.

Maybe his father's time would be better spent telling his son's story to a whole bunch of high school kids.

6 Comments

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charlie
Posted by charlie
May 24, 2007 10:35 PM

this lawsuit is the most ridiculous thing i've ever heard. not only is hancock's dad suing the bar, he's suing the innocent victim's of josh's drunk driving. it's unfortunate, but josh is the only guilty party here. i mean, if this case were ever to go to court and be found in favor of the hancocks, we might as well all go out and get drunk and sue all the poor folks that get in our way, along with the bartender that "allowed" us helpless adults to get drunk in the first place. someone should sue hancock's dad for wasting the court's time

Fidelio
Posted by Fidelio
May 25, 2007 10:54 AM

This is absolutely ridiculous. It is Josh's own fault he consumed alcohol to the point that he had nearly double the legal alcohol limit. In addition the fact that they found marijuana in the vehicle and that he was speeding doesn't help his case. Truely, this guy needs to realize that his son was the only one at fault in this situation and needs to accept it and move on.

Chad
Posted by Chad
May 25, 2007 3:15 PM

Hey Hancock Dad,

By suing you are telling everyone you failed as a father to instill the rights and wrongs most normal folks comprehend. Maybe the innocent victims should counter sue you for having sex with your wife and as a result having Josh. If he had not been born none of this would have happened.

Good thing Josh didn't kill a family or some other innocent person. Who would have been sued then.

Lets see, drunk, possibly high on drugs, talking on his cell. Who was he talking to anyway, maybe we should sue them for calling him while he was drunk. He was not wearing his seatbelt either. Way to take responsibility.

Well at least we know the caliber of people the Hancocks are.

Laura Lee Sparks
Posted by Laura Lee Sparks
May 25, 2007 6:54 PM

Ben, you hit the nail on the head. Taking his grief and turning it into a productive use of his time by educating teens about what can happen would be a much better use of his time.

Unfortunately, I think this case speaks volumes about the state of our society where kids are being taught that they do not have to take responsibility for their actions. Parents are bailing their kids out of trouble, irregardless of whether they are right or wrong, and neglecting to teach them that there are consequences to actions. Josh's Dad is STILL doing it, when Josh isn't even here to protect.

I can only imagine the grief his parents must be going through, but I think finding a positive channel to put their energy in would be a much better solution.

Sorry to say, but here in Florida, there have been many cases where the bartenders have been blamed for allowing someone to become "too" drunk to drive. It's a sad state of affairs when there is always some else to blame and the legal system allows it.

Epacris
Posted by Epacris
May 25, 2007 8:54 PM

Few people seem to mention that apart from speeding, not wearing a seatbelt, and being drunk, the deceased was also apparently using a mobile phone while driving.

In Australia there are "Responsible Service of Alcohol" laws and training for bartenders, which are meant to prevent serving more alcohol to people who are already drunk. But there's not been much success in people suing or prosecuting for it leading to damage. I think there was one particularly egregious case where a prosecution worked.

I'm not agreeing with the case here, but it would be good if there was something to discourage bars from encouraging overconsumption, when monetarily they are obviously encouraged.

Brian
Posted by Brian
May 25, 2007 11:00 PM

His death isn't tragic, it's a blessing, because he was a chronic drunk driver and he killed himself without taking anyone else with him.

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