11/05/24
May 24, 2007
Hidden: Hancock's father files suit against restaurant: for serving though he was already intoxicated. 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.
It's certainly not unprecedented to sue the person who's car stalled on the road in this sort of situation. If the tow truck didn't put out flares to warn oncoming traffic that they were there, it's certainly possible that they were negligent. If their negligence contributed to the accident, then they should be held legally responsible for that. It's possible that this was an accident that would have occurred whether Hancock was sober or not, and our legal system rightly allows him the possibility to recover if that was the case. That said, Missouri is (I'm pretty sure) a comparative negligence state, so any reward would be reduced by the amount the jury thought the plaintiff(Hancock) was negligent, in this case, probably a lot.
posted by Bulgaroktonos at 09:23 PM on May 24, 2007
I have never seen a tow truck put flares out on the road.
posted by igottheblues at 09:45 PM on May 24, 2007
Personal responsibility surrenders.
posted by wfrazerjr at 09:55 PM on May 24, 2007
I don't think this has enough to do with sports to warrant a post.
posted by DrJohnEvans at 10:00 PM on May 24, 2007
I second DrJohnEvans' motion.
posted by tommybiden at 10:04 PM on May 24, 2007
Suing the tow truck company, driver and the person who's car stalled because his son was an idiot and was drunk behind the wheel? Unbelievable. I mean I can possible understand the restaurant, but the people he hit? Sorry my son was drunk, possibly high, talking on a cell phone without his seatbelt and speeding, but you should have known he was coming and not had a near accident or stopped to help.