The family of former Central Florida player Ereck Plancher has been given permission by an Orange County judge to seek punitive damages in their wrongful death lawsuit against UCF.
Plancher, a freshman at the time, died in March 2008, when an offseason workout was determined to have triggered his sickle cell trait, causing misshapen blood cells to damage his organs. According to testimonies by teammates, including receiver Anthony Davis, coach George O’Leary ordered all trainers and water to be moved from the training facility.
However, evidence and testimonies were later found to contradict Davis’ accusations.
“Mr. Davis testified that Coach O’Leary ordered out the water and the trainers from the field house,” said Judge Robert Evans, who granted the permission to seek damages. “And I have to say the defense has presented substantial evidence to the contrary of that.
“So my question in my role today is to determine, ‘Is there a reasonable basis under the law … to allow the plaintiffs to ask for punitive damages?’ And I think there is.”
It’s important to note that, at this point, the family has only been given clearance to seek punitive damages. No damages have been rewarded, nor has a monetary amount for the damages been established. The Plancher’s lawyer, Steven Yerrid, says that’s not the main issue.
“It’s not about compensating the Plancher family, it’s about stopping football programs from disregarding the safety of student athletes.”
Plancher’s parents filed a wrongful death lawsuit against the university in March 2009.
The university continues to contend that O’Leary and his staff did everything they could to save Plancher’s life.
“We respectfully disagree with Judge Evans’ decision,” said UCF spokesman Grant Heston. “The vast majority of testimony and evidence supports our position. We maintain that punitive damages are not appropriate in this case.”