Shannon's restaurant dropped from wrongful-death lawsuit
ST. LOUIS -- The family of late Cardinals pitcher Josh Hancock dropped a wrongful-death lawsuit against Mike Shannon's restaurant stemming from the player's death in April.
The family's lawyer, Mark Bronson, said he filed a motion to dismiss the lawsuit before a procedural hearing Monday in St. Louis Circuit Court. The lawsuit had alleged that others shared responsibility for Hancock's death.
Hancock, a 29-year-old relief pitcher, died after a St. Louis Cardinals home game in April when he crashed his sport utility vehicle into the back of a tow truck stopped on U.S. 40 in St. Louis. The lawsuit was filed a month later by Dean Hancock. Hancock's father, Dean, released the following statement to ESPN:-
"The subject of my son's death has been widely reported and discussed, as has my motivation to file the wrongful death lawsuit. Often, legal action has more to do with performing responsibilities and gaining control. This lawsuit was not filed for personal gain. Few know that Josh died without a Will, leaving multiple heirs in two separate families in different states. When I became the court appointed Administrator of his estate, I agreed to perform fiduciary responsibilities to protect the interests of his estate and all beneficiaries.
"Information from the intense news coverage of Josh's tragic death, facts about the accident and varying public statements from witnesses indicated that certain individuals and entities shared some degree of comparative negligence in the cause of Josh's death.
"The final investigation report recently issued by the Missouri Division of Alcohol and Tobacco Control ("ATC") provided some insight into the events leading to Josh's death. Considering all factual issues, combined with the prolonged legal battles which we would have to fight if this lawsuit were to continue, I have instructed that the defendants be dismissed from the lawsuit.
"Josh was often quoted saying, 'everything happens for the good.' The ATC report confirms that since his death, bars and restaurants are now becoming even more focused on their responsibilities. I am certain that his death has caused many individuals to become more aware of personal responsibility. Additionally, a number of employers and groups are also examining and changing their alcohol policies.
"It is my hope that public opinion will eventually have an even greater effect on public policy to emphasize the responsibilities of both those who consume alcohol and those who serve it."
The motion effectively ends the legal battle, although the lawsuit could be refiled.
The lawsuit alleged that others shared responsibility for Josh Hancock's death, including Mike Shannon's restaurant, where the player drank earlier in the night; restaurant manager Pat Shannon Van Matre; the tow truck driver; the tow truck company; and the driver of a disabled car on the highway whom the tow truck driver had stopped to help.
"That's the end of it," said Don Wolff, lawyer for the Shannon family. "This case never had any merit. It was totally and completely without merit."
Judy Shannon, wife of Cardinals broadcaster and former player Mike Shannon, who owns Shannon's restaurant, died Saturday after a battle with brain cancer.


