A lawyer representing the tow truck driver involved in the fatal crash of St. Louis Cardinals pitcher Josh Hancock is giving Hancock’s family 21 days to drop its wrongful death lawsuit.

If the family doesn’t drop the suit, attorney Robert Pedroli said yesterday he will countersue and seek punitive damages from Hancock’s estate.

"They’re ignoring all the facts and proceeding with a frivolous lawsuit," he said, adding that he’s not looking to punish Hancock’s family.

Keith Kantack, a lawyer for Dean Hancock, did not immediately return a phone call seeking comment.

Hancock was killed April 29 after his sport utility vehicle plowed into the back of a tow truck while it was stopped behind a stalled-out vehicle on Interstate 64 in St. Louis.

Authorities said the 29-year-old pitcher had nearly twice the legal limit for alcohol in his system when he crashed into the back of the tow truck. He also was speeding, using a cell phone and wasn’t wearing a seat belt, authorities said.

Hancock’s father, Dean Hancock, of Tupelo, Miss., filed a lawsuit in May claiming negligence contributed to Hancock’s death.

Named in the suit were Mike Shannon’s Restaurant, where Josh Hancock drank before getting on the highway; Shannon’s daughter, Patricia Shannon Van Matre, the restaurant manager; Eddie’s Towing; tow truck driver Jacob Hargrove; and Justin Tolar, the driver whose stalled car on Interstate 64 was being assisted by Hargrove.

Pedroli said the evidence shows that the crash was caused by a variety of factors - Josh Hancock’s blood-alcohol level, his cell phone use and lack of significant braking.

He said there is no evidence that his client, Hargrove, contributed to dangerous road conditions. In fact, Hargrove made conditions safer by coming behind an unlit, stranded vehicle that had hit the median, he said.

Pedroli said Hargrove turned on his truck’s lights, called 911 and reported the accident location.

Hargrove was sitting inside the tow truck when the accident occurred. Pedroli said his client was "banged around pretty good" and suffered emotional scars.

"It’s a frivolous lawsuit in our opinion," he said.

The demand includes dropping both the tow truck driver and the towing company from the suit.

"We’re taking the high road here," Pedroli said. "This lawsuit is against all good reason and common sense, and it’s receiving the wrath of the nation."

Hargrove was served with that lawsuit Tuesday, prompting yesterday’s call for the Hancock family to drop it.

The lawsuit accuses Hargrove of "negligently parking his vehicle in the left lane of Interstate 64 and blocking oncoming traffic and failing to adequately warn approaching motorists."

● ONE STEP CLOSER: Chris Carpenter pushed himself in his second bullpen session since elbow surgery, a 50-pitch workout that brought the 2005 National League Cy Young Award winner another step closer to returning to the pitching-starved Cardinals.

"He might have taken a step and a half today," said Manager Tony La Russa, who sat next to GM Walt Jocketty and watched from the bullpen bench. "He’s just feeling really good, and he’s had no setbacks."

Left-hander Mark Mulder also threw in the bullpen several hours before the Cardinals played the Kansas City Royals but at a lower intensity level. Mulder is rehabbing from rotator cuff surgery last September.

The Cardinals, last in the NL with a 5.08 ERA, have three former relievers in a banged-up rotation.

Bone spurs were shaved from Carpenter’s elbow on May 8, and the team estimated a three-month recovery.

He had been scheduled to increase his intensity Saturday and throw at about 75 percent effort yesterday, but the life on his fastball indicated a much higher percentage.

Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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