they're pure comparative negligence. and they don't have a dram shop act. I haven't read this whole thread, but judging by this post I assume what I'm going to say hasn't yet been said. We here in MO are a pure comparative negligence state. That's right. But we also do have a dram shop act. Mo. Rev. Stat. 537.053. My understanding of subsection (4) of that statute is that a person over 21 years old cannot sue an establishment for his own injuries arising from them overserving him. Because the wrongful death action is derivative, if Josh wouldn't have been able to sue, neither can his father. That is why Dean Hancock's Petition alleges, rather laughably, that Hancock's intoxication was "involuntary." His lawyers should know better. In this context "involuntary" clearly means something like roofies or more literally the (I would think) rare instance where someone is being physically forced to drink. Mr. Hancock's attorneys are definitely reaching here. I doubt they would get past summary judgment against Shannon's on the basis of the above, and as to the tow truck driver and the other poor guy, their claims are outrageous. There is so much comparative fault here I can't believe any jury would give him a dime. But, you know, it might come down to settling for nuisance value. Other than getting his picture in the paper, I can't believe that was enough to convince the rather experienced St. Louis lawyer who signed on to take this case.