UCF Files Appeal In Plancher Case

Surprising no one, the Central Florida Athletic Association has filed an appeal in the ruling of the wrongful death of football player Ereck Plancher.

The university feels that one of three aspects of the ruling can be used in either overturning the ruling, ordering a new trial, or minimizing the financial settlement ordered by the court.

UCF is saying a waiver Plancher signed should have blown out any school liability, the judge in the case mismanaged the trial, and since the university views itself as a state agency the $10-million judgment is more than the $200,000 limit for liability.

From Iliana Limon's piece in the Orlando Sentinel...

The Plancher family attorneys are scheduled to file their response to the appeal later this month. UCFAA has requested the right to present its case in person via oral arguments. The two sides would likely appear at the Fifth District Court of Appeal in Daytona Beach late in the summer or early in the fall.

The Plancher family filed their wrongful death suit in 2009 claiming that sickle cell trait and the coaching staff's neglect in treatment at the time of Ereck Plancher's collapse on the practice field.

UCF's insurance company claim it was an undiagnosed heart condition.

And so we move on...

The HQ isn't surprised that UCF is bogging this down in the courts. IUt's their only recourse to save their own ass in a case that was mismanaged from the beginning...

Here's head coach George O'Leary's testimony from the trial as part of our flashback...
((HT: MyFoxOrlando))

UCF coach testifies in wrongful death suit: MyFoxORLANDO.com

Plancher Jury Starts Deliberations

((ht: orlandosentinel))

The trial of a now deceased UCF Football player's family versus the University of Central Florida Athletic Association is beginning to wind down.

The trial, which in a somewhat interesting twist, was promised to be over in 3-weeks, is about to hit that magical 3-week mark. And the judge in the case is holding the attorneys for both sides to that timetable.

Wednesday's testimony included a "Medical Expert" and a Boston area "Hematologist". Both testified they did not believe Ereck Plancher's diagnosis of "Sickle Cell Trait" contributed to his death at a UCF Football practice in 2008.

That testimony contradicted the testimony of the Orange County Medical Examiner who said he believes the trait is exactly what caused Plancher's death. Testimony has also included debate as to whether or not there was water made available to players at practice as well.

The Plancher family is seeking damages from the UCFAA and this case should be over soon. Final testimony is scheduled for Thursday and the case could be sent to the jury by the end of the day.

Your re-cap, includes George O'Leary testifying, and is courtesy of our friends at the Orlando Sentinel the one Orlando media outlet that isn't all "Casey Anthony" all the time.

 

PM UPDATE: As of 1730HRS Thursday afternoon, the jury has started deliberations in the case. Steve Yerrid, the Plancher family attorney, told jurors during his closing argument the UCF Athletics Association failed to follow its own policies and do everything possible to save Plancher's life.

UCFAA attorney Kevin Taylor countered there is "no evidence based proof" sickle cell trait caused death.

More when we know more...