The case of an athlete's death at the University of Central Florida is slowly moving forward but with trial dates set.
Ereck Plancher, a member of the UCF football team, died March 18, 2008, following a practice drill. The practice included a strenuous series of sprinting exercises called “gassers,” which the plaintiffs in the suit argue contributed to his death. Plancher may have suffered from a condition known as sickle cell trait, which is a blood disorder that can lead to certain complications under high-stress conditions.
Plancher's parents argue that the school is liable for wrongful death because it did not tell them or their son that he had tested positive for the condition. The Plancher family attorney has repeated stated in open court that UCF has no written records indicating Plancher was told he tested positive. UCF attorneys are arguing that Plancher knew, or should have known, he had the genetic trait. Additionally, UCF officials contend that since Plancher signed a liability waiver, this fact is irrelevant anyway.
Further complications in the case have arisen regarding the depositions of those involved, particularly the deposition of the football team's head trainer, Mary Vander Heiden. Both the defense and the plaintiff have alleged improper behavior on the part of opposing counsel, causing the case to proceed slowly. One judge has already stepped down from overseeing the case, as well.
A current round of hearings are set to determine if a special master is required to oversee deposition protocols, a measure that the presiding judge agreed is necessary. The court also imposed time limitations on the depositions and denied the plaintiff's requests to have the team's Head Coach's deposition heard in open court.
The entire affair is another prime example of how long legal proceedings can drag on. It has been more than two years since Plancher died, and still no date is set for the trial nor did the court schedule any new depositions. Court and legal costs are bound to be piling up at this point, further adding to the bereaved parents' burdens and worries as they look for resolution to a heartbreaking and traumatic event.
Hearings Held in Lengthy UCF Wrongful Death Suit
Tuesday, August 10, 2010
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