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Jury finds in favor of Planchers in wrongful death trial, UCF Athletics Association deemed negligent

UCF will appeal decision

Editor-in-Chief

Published: Wednesday, June 29, 2011

Updated: Friday, July 1, 2011 15:07

After about five hours of deliberation, the jury in the Ereck Plancher wrongful death trial against the UCF Athletics Association (UCFAA) found in favor of the plaintiffs.

The Planchers will be awarded $10 million since UCFAA was found guilty of negligence.

Plancher, who was a wide receiver on the football team, died following a conditioning drill on March 18, 2008. The medical examiner had determined the cause of death to be dysrhythmia due to acute exertional rhabdomyolysis with sickle cell trait.

The plaintiffs argued that Plancher and his family were not notified that he had the trait. The defendants argued that Plancher was notified.

Despite the ruling, UCF plans to appeal the jury's decision, according to UCF spokesperson Grant Heston.

"We feel justice was not served today completely and that the wrong decision was reached," Heston said. "Rulings made during the trial and before the trial had really prevented the jury from being able to reach a full and just decision."

If the decision is not overturned, the Planchers will be awarded $5 million in damages and $5 million for pain and suffering. No punitive damages will be awarded.

Heston said that the ruling on punitive damages vindicates the members of UCFAA and proves that "they're people of great character, integrity and professionalism."

"Regardless of what the decision today would've been, just like coach O'Leary said, on March 18, 2008, we lost a member of the football family," Heston said. "We continue to grieve with the Plancher family. His teammates continue to miss their teammate. The university and our athletics department will continue to honor Ereck's name and his legacy."

Heston said that the university believes Plancher was notified that he tested positive for the trait, so he does not anticipate any changes being made in regard to the testing of athletes and how they are notified of their results.

"We believe that a just and appellate review will overturn this decision based on what took place during the trial and certainly what took place before the trial as well," Heston said.

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