Attorneys representing the family of Ereck Plancher, the University of Central Florida football player who died on the practice field, are asking an appeals court to consider the NCAA Committee on Infractions’ recent determination — unrelated to the Plancher case — that UCF exhibited a Lack of Institutional Control over the UCF Athletic Department at the time of Plancher’s death as the court weighs the university’s appeal of a $10 million verdict to Plancher’s family.
Plancher carried the sickle-cell trait at the time of his 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.
However, during the trial, the family successfully alleged that coaches and athletic trainers were negligent in the treatment of their son. One of the lynchpins in their argument was that the defendants, as well as their son, did not know Ereck had the trait.
Furthermore, Circuit Judge Robert M. Evans ruled that the UCF Athletic Association (UCFAA), not UCF, was liable for the $10 million verdict. This was significant because UCFAA, which runs the athletic department, is not a state agency eligible for the $200,000 cap on settlement claims, as proscribed by Florida law for state agencies.
On appeal, the UCFAA is maintaining that it was controlled by the University, and thus protected by sovereign immunity and the aforementioned cap.
Plancher’s attorneys want to use the COI’s finding as additional proof of the lack of control by the University.
Legal Expert Weighs In
Eugene Egdorf of The Lanier Law Firm in Houston, who has handled wrongful death cases in an athletic setting before, called the Plancher case “a unique situation.”
“Understandably, Plancher’s attorneys are arguing that the NCAA finding is additional proof of the lack of control by the University,” Egdorf told Sports Litigation Alert. “Legally, the appellate court should not consider it as it was not evidence at the trial and the admitted infractions occurred after Plancher’s death.
“Notably, the Association is only appealing the lack of immunity finding, NOT the negligence finding.”
“The facts of the Plancher case are horrific. The protection of defendants under sovereign immunity in such cases is something that really needs to be examined. Meanwhile, both the NCAA and UCF, both of whom have authority to punish the wrongdoers, continue to sit on the sidelines. George O’Leary goes unscathed and remains the coach at UCF, earning $1.4 million per season. If the law, the courts, the NCAA, nor the University will protect these student-athletes, who will?”
