A Florida state court judge has sided with the family of a University of Central Florida football player, who collapsed and died in 2008, after participating in an offseason workout supervised by the school’s coaching staff.
Specifically, Circuit Judge Robert M. Evans ruled that the UCF Athletic Association (UCFAA) is not a state agency eligible for caps on settlement claims, meaning the entity could owe more than the $200,000 limit proscribed by Florida law for state agencies.
In the months after the death of Ereck Plancher, it was determined that the 19-year-old carried the sickle-cell trait, a condition that could have contributed to his tragic death. During intense activity, the trait can hamper the body’s ability to distribute oxygen, resulting in malformation, or “sickling,” of cells in the heart, lungs, liver, spleen, pancreas, kidneys, adrenal glands, and thymus.
After Ereck’s death, his parents, Enock and Giselle Plancher, filed a wrongful-death lawsuit against the UCF Athletic Association and UCF board of trustees on March 12, 2009, alleging coaches and athletic trainers were negligent in the treatment of their son. One of the lynchpins in their argument was that they, as well as their son, did not know Ereck had the trait.
The UCFAA countered early on the litigation that any claims against it should be capped at $200,000 because it was eligible for sovereign immunity.
Specifically, they argued that the athletic association was created by UCF, as well as supported financially and controlled by the university. They also pointed out that student fees and loans account for the majority of UCFAA’s budget.
The court was unmoved by the argument.
“University direct-support organizations were formed to promote private fund-raising in support of public universities,” Evans said. “It is unlikely that the Legislature when authorizing 1004.28 envisioned the present scope of the UCF Athletic Association. In its present form, the UCF Athletic Association has been expanded in some cases beyond the limits allowable by the state as evidenced by the Florida monitor general’s reversal of the policy of transferring student athletic fees to the UCF Athletic Association.”
It continued, noting that “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. Therefore, the motion for partial summary judgment has been denied.”
The UCFAA said in a statement that it would appeal the ruling.
“We respect Judge Evans’ decision but respectfully disagree,” said a spokesperson. “The law and state statutes clearly show that the UCF Athletics Association is a state agency and subject to sovereign immunity. We will evaluate all of our options, and an appeal is certainly one of them.”
The judge’s ruling could impact other university direct-support organizations in the state of Florida.
“One thing it does do is establish you can’t have it both ways,” plaintiffs’ attorney Steven Yerrid told the Orlando Sentinel. “If you want to be a public and a sovereign entity, you have to act like one. If you want to be a private entity, then with this advantage comes that advantage. It’s like being held accountable for your wrongful actions.”
