UCF Wants Summary Judgment in Plancher Suit

((HT: Orlando Sentinel/Iliana Limon))

Attorneys representing the University of Central Florida are seeking a summary judgment in response to the wrongful death lawsuit filed by the family of football player Ereck Plancher.

UCF filed a motion last week asking for an immediate decision from Circuit Judge Maura T. Smith in its favor, claiming Plancher signed waivers clearing the school of all liability for injuries he suffered playing football. It was one of three motions filed April 16 by the university.

Plancher, a 19-year-old freshman wide receiver from Naples, died March 18, 2008, after an offseason conditioning workout on the UCF campus supervised by Coach George O'Leary and his staff. An autopsy found that the extreme stress of the workout triggered Plancher's sickle-cell trait, a blood disorder that attacked his organs and caused his body to shut down. UCF officials said they tested Plancher for the trait and were aware he had the genetic condition.

Enock and Giselle Plancher, Ereck's parents, filed a wrongful death lawsuit against the UCF Athletics Association and the UCF board of trustees March 12, alleging coaches and athletic trainers were negligent in their treatment of Plancher. The Planchers contend UCF officials supervising the workout did not recognize their son was suffering from problems related to sickle-cell trait and failed to treat him properly.

The Plancher's Tampa-based attorney, J.D. Dowell, has not filed a response to the request for a summary judgment and a date has not been set for the judge to rule on UCF's request, according to Orange County court records.

UCF's board of trustees has hired Jeffrey Keiner and Richard Mitchell of the Orlando-based GrayRobinson firm while the UCF Athletic Association has hired Daniel Shapiro of the Tampa-based Cole, Scott and Kissane firm.

The attorneys for both UCF and the athletic association filed motions seeking the summary judgment. They noted Plancher signed an "agreement to participate" form outlining the risks he faced playing football before he was allowed to participate in the sport at the university.

Plancher signed a form that states, "I understand that the dangers and risks of playing, practicing or training in any athletic activity include, but are not limited to, death," according to the UCFAA motion. The form also states Plancher accepts all risks associated with participation and "agree to exonerate, save harmless and release the UCF Athletic Association, Inc., its agents, servants, trustees and employees from any and all liability, any medical expenses ... and all claims."
The UCFAA filed the third motion in the case, requesting protection under a Florida statute that does not allow state agencies to pay more than $200,000 in settlements without approval from the Legislature.

The UCFAA motion contends it should receive the protection of a state agency in the Plancher case because state employees, including UCF President John Hitt, control the group through votes on the board of directors. The motion also notes UCFAA receives the majority of its budget from student fees and loans from the university.