Judge Rules Against UCF during Wrongful Death Case

Recently, Circuit Judge Robert M. Evans decided to rule against the UCF Athletic Association and the pending wrongful death claim for Ereck Plancher.  According to Judge Evans, the UCFAA is not a state agency that is eligible for caps on settlement claims.  Following the filing of the case, the SCFAA requested a summary for judgment so it would not have to pay unlimited claims in the Plancher case.

Currently, the state of Florida grants state agencies sovereign immunity, which means that they do not have to pay more than $200,000 in settlements or personal injury claims.

Evans said, "The undisputed evidence in this case demonstrates to this court the UCF Athletic Association has not been substantially controlled by UCF in either day-to-day decisions or major programatic decisions."  He also said, "Therefore, the motion for partial summary judgment has been denied."

The UCF is expected to appeal the judge's recent decision.

Plancher, a 19 year old receiver, collapsed and then died while going through an offseason workout on the UCF campus in March 2008.  It is reported that the workout was supervised by UCF coach, George O'Leary, and his staff.

Do you need assistance with filing a wrongful death claim?  Contact the Negroni Law Group and get immediate help from a Broward County personal injury attorney.