The father of the dead/drunk Cards pitcher is suing...

[Guest Davaco]

http://sports.espn.go.com/mlb/news/story?id=2881602

 

 

 

he is suing everyone,

 

the bar overserved him, the poor guy whos vehicle broke down, the tow truck driver, tow truck company etc.

 

 

in other words, you gravy trained your son, and since he was a juice head and killed himself, you have to get a job but would rather sue

[hoytdwow 202]

bars and bartenders are liable if people get drunk there and kill themselves/others

 

Can't see how the guy who broke down or the tow truck driver could be liable, though

[Foghorn Leghorn 0]

If I ever get car problems, I'll make sure that I drive far enough into a ditch so that some guy that's absolutely bombed doesn't crash into my car - I can't afford the ensuing lawsuit.

[jets24 6]

America at it's worst. The focking doosh was drunk, high, no seatbelt and talking on the cell phone. Yeah...it's somebody else's fault.

[wiffleball 4,658]

America at it's worst. The focking doosh was drunk, high, no seatbelt and talking on the cell phone. Yeah...it's somebody else's fault.

 

 

Agreed.

 

As I recall, the bar offered repeatedly to get him a cab and he refused. If they can prove it - could be a deal breaker on the civil case. They can't force him to and, if they had taken his keys, or told him he couldn't leave, they could legally be charged with either GTA or imprisonment.

 

Regarldess, I'm no lawyer (Though I've spent the afternoon reading Tax Law). What I DO know for sure is the Dad is a serious friggin Doosh. Hope he doesn't mind seeing his son dragged through the mud.

[edjr 5,614]

Agreed.

 

As I recall, the bar offered repeatedly to get him a cab and he refused.

 

I've worked at a bar my whole life and taken the stupid focking courses.

 

If you serve someone enough alcohol, regardless if you offer to give them a ride home yourself, you are liable if they get into an accident.

[remote controller 133]

I wish all these parties could win a reverse law suit on this piece of phlem.

[Strike 4,042]

Agreed.

 

As I recall, the bar offered repeatedly to get him a cab and he refused. If they can prove it - could be a deal breaker on the civil case. They can't force him to and, if they had taken his keys, or told him he couldn't leave, they could legally be charged with either GTA or imprisonment.

 

Regarldess, I'm no lawyer (Though I've spent the afternoon reading Tax Law). What I DO know for sure is the Dad is a serious friggin Doosh. Hope he doesn't mind seeing his son dragged through the mud.

 

The bar could be in some trouble. They're supposed to stop serving you well before you're twice the legal limit to drive. The other defendants should be home free but you never know in this day and age.

[wiffleball 4,658]

The bar could be in some trouble. They're supposed to stop serving you well before you're twice the legal limit to drive. The other defendants should be home free but you never know in this day and age.

 

 

Yeah, I'm not about to start a board lawyer debate on this. The sad truth is, the focking insurance companies will probably settle long before this ever sees any sort of intelligent discourse in a courtroom.

 

My Dad's lost a son. Part of me hopes this jagoff is going through the same thing my Dad did as punishment for being such a diick.

 

Part of me hopes he's such a selfish ###### that he isn't.

[Angry White Male 0]

JAFN

[wiffleball 4,658]

JAFN

 

 

No, JAFGA

 

Greedy Axxhole.

[rallo 132]

bars and bartenders are liable if people get drunk there and kill themselves/others

 

Can't see how the guy who broke down or the tow truck driver could be liable, though

 

yep america is full of sh1t... there's a bar here called vito's, and i know a manager who works there... and they are still paying part of a $500,000 settlement to a kid's family because some guy who they were serving got too drunk and while beating some kid up in the street slammed his head into the concrete... i guess the kid went home, and his drunk friends let him fall asleep...

 

kid died... now bar is liable because some huge doosh gave the kid a concussion and his friends were too druink to take him to the hospital and let him fall asleep

 

how ghey is america????

[Giants Fan 85]

yep america is full of sh1t... there's a bar here called vito's, and i know a manager who works there... and they are still paying part of a $500,000 settlement to a kid's family because some guy who they were serving got too drunk and while beating some kid up in the street slammed his head into the concrete... i guess the kid went home, and his drunk friends let him fall asleep...

 

kid died... now bar is liable because some huge doosh gave the kid a concussion and his friends were too druink to take him to the hospital and let him fall asleep

 

how ghey is america????

 

Was this at Lucky Chengs in NYC?

[Guest Davaco]

yep america is full of sh1t... there's a bar here called vito's, and i know a manager who works there... and they are still paying part of a $500,000 settlement to a kid's family because some guy who they were serving got too drunk and while beating some kid up in the street slammed his head into the concrete... i guess the kid went home, and his drunk friends let him fall asleep...

 

kid died... now bar is liable because some huge doosh gave the kid a concussion and his friends were too druink to take him to the hospital and let him fall asleep

 

how ghey is america????

you sure this didnt happen at the bing?

[DWYN 0]

I've driven I-64 at night. It's a ghost highway after midnight. Those cars were probably the only two visible for miles and he hit them. Ridiculous. Only someone completely not paying attention to the road could have got into that accident. Their family is mostly likley embarrassed and for good reason.

[BMoney 0]

I've worked at a bar my whole life and taken the stupid focking courses.

 

If you serve someone enough alcohol, regardless if you offer to give them a ride home yourself, you are liable if they get into an accident.

 

 

maybe its coming to a point where bars have you sign a waiver if you refuse a cab..(done while u were still sober...)

 

a guy who couldve afforded his own driver...

 

where was daddy when josh drank himself through the entire last 3 seasons?....probably golfing with him and drinking and yukking it up...

 

sad day if he wins this case...

[shovelheadt 62]

Hamiltion's father deserves everything that's coming his way. God, I'd love to meet this turd.

[rallo 132]

Was this at Lucky Chengs in NYC?

 

apparently this happens all the time??

 

are bars gonna have to start having people fill out questionaires (sp?) before serving drinks now???

[itsbigmoni 1]

My initial reaction was the same as most everyone for sure. But then again, we should let this one play out and see what happens. I mean, everyone knows about the infamous mcdonalds coffee lawsuit right. But if you actually read about it, you can see why the judge let it go to court.

 

WTF, me sticking up for a white guy? DAAAAMMMITTT

[shovelheadt 62]

My initial reaction was the same as most everyone for sure. But then again, we should let this one play out and see what happens. I mean, everyone knows about the infamous mcdonalds coffee lawsuit right. But if you actually read about it, you can see why the judge let it go to court.

 

WTF, me sticking up for a white guy? DAAAAMMMITTT

 

The person that spilled McDonalds lava on themselves wasn't breaking the law. That's the difference I see. This focking guy was a grown adult, capable of making informed decisions on his own. Fock him.

 

And by his dad suing every mother focker in town, he's basically just saying "If I throw enough sh*t at the walls, some of it is bound to stick. I'm getting paid!!". I hope he ends up with a similar judge as the one that just threw out a KFC lawsuit with a comment of "Uh, if there's one place you'd expect to get fatty foods..it would be a fast food joint".

[TommyGavin 790]

WTF, me sticking up for a white guy? DAAAAMMMITTT

look on the bright side. your skin and his sh1t is the same color.

 

Your almost blood brothers!

[Mrdirt73 0]

I think that the tow truck driver, his company, and the family he was helping should all sue the father right back for raising a drunk. If he is able to find blame in them then he should have no problem at all admiting that his parenting skills lead to his son's dope, and booze problems.

[Tarheel Boy 0]

Was this at Lucky Chengs in NYC?

 

Countdown to another lying "Look at me!!! Look at me!!!!" GFIAFP comment.

[lennie75 0]

This can all be blamed on the likes of John Edwards...just another reason to keep that Doosh out of the White House.

[dcOne 2]

Any reporters in here?

Maybe he's available for comment?

 

Deano

[Riddlen 1]

the bar suit is legit. The rest are garbage. If you wanna make money serving alcohol then you have to deal with the consequences as such.

[GobbleDog 822]

If you serve someone enough alcohol, regardless if you offer to give them a ride home yourself, you are liable if they get into an accident.

 

In Florida, drinking establishments cannot sell alcohol to people showing obvious signs of intoxication, and known alcoholics. Other than that, I don't believe the bar is liable for drunk driving accidents simply because a person had a couple drinks at their business. Also in Florida, private hosts cannot be sued by guests (of legal age) who get drunk at their party and then get into an accident.

 

(at least, that's my recolection of what my Pa told me who specializes in liquor law)

[MDC 5,932]

The bar is liable. The rest of the suit is likely BS. HTH.

[GobbleDog 822]

The bar is liable. The rest of the suit is likely BS. HTH.

I don't get how people jump to that conclusion. If he didn't appear drunk, then how is the bar liable?

[hoytdwow 202]

itsatip that I answered/won this thread in Post #2.

 

HTH

[lennie75 0]

itsatip that I answered/won this thread in Post #2.

 

HTH

What a doosh...you won the thread ...sad sad sad!!!

[MDC 5,932]

I don't get how people jump to that conclusion. If he didn't appear drunk, then how is the bar liable?

 

Sorry. I meant the bar may be responsible, not that they necessarily are. Every bar serves people who appear to be drunk so we kind of take it for granted, but it is illegal to continue serving intoxicated people and suits like this are the potential fallout. I kind of agree with that too - not for the drunk drivers sake, but because they are posing a threat to other people on the road.

[edjr 5,614]

I don't get how people jump to that conclusion. If he didn't appear drunk, then how is the bar liable?

 

if he didn't appear drunk to the workers, sure.

 

What if they can find a witness that says he was stumbling out there door?

[surferskin 30]

couldn't the bar easily argue that he crashed because he was "high" and on his cell phone...not because they served him to much booze?

[GobbleDog 822]

I kind of agree with that too - not for the drunk drivers sake, but because they are posing a threat to other people on the road.

 

I agree with it too. Although it's a gray area deciding when a person reaches the "appears intoxicated" status. If the father is suing, then I assume he must have found some witnesses who will testify that his son was stumbling around and stuff while at the bar.

 

As for the broken down car in the middle of the road... I guess they could be liable since it is everyone's responsibility to keep their car in good working condition. Although this seems like a stretch.

 

As for the two truck driver... perhaps he didn't flash his emergency signals or didn't do something according to standard two truck procedures.

 

Need mo facts.

[paulinstl 295]

There's a lot of misinformation in this thread.

 

1. Hancock had not been smoking pot that day, according to the toxicology report.

2. That stretch of I 64 is one of the busiest highways in St. Louis, any time of the day. As a matter of fact a video taken from a surveillence camera nearby that showed the wreck, shows many cars in both directions. Hancock's car was in the far left lane, and even if he had seen the tow truck he had nowhere to go, because there was another car in the lane next to him.

3. Since the Dram Shop Act passed, any bar that is found to have served an intoxicated person is held responsible for that person's actions. Right or not, that's what the law says.

 

Also, here is an interesting article from Bryan Burwell in the St. Louis Post Dispatch today:

 

Personal Responsibility

[Birdseed 1]

There's a lot of misinformation in this thread.

 

3. Since the Dram Shop Act passed, any bar that is found to have served an intoxicated person is held responsible for that person's actions. Right or not, that's what the law says.

 

Only if the intoxication was "involuntary".

 

That's what the law says.

[itsbigmoni 1]

There's a lot of misinformation in this thread.

 

 

2. That stretch of I 64 is one of the busiest highways in St. Louis, any time of the day. As a matter of fact a video taken from a surveillence camera nearby that showed the wreck, shows many cars in both directions. Hancock's car was in the far left lane, and even if he had seen the tow truck he had nowhere to go, because there was another car in the lane next to him.

 

 

Personal Responsibility

 

Somebody should invent something that gives you the power to stop the car. Maybe even put it next to the gas pedal.

[Cdub100 3,418]

Somebody should invent something that gives you the power to stop the car. Maybe even put it next to the gas pedal.

 

People would just confuse the two. I say put it in the back seat.

[BMoney 0]

poor josh

 

everyone hit him hard this year