What Does “Sovereign Immunity” have to do with a Wrongful Death Suit?

Herndon injury lawyer Doug Landau is a champion for victims.  That is why he finds this case particularly troubling.

Background:  In 2008, a 19-year-old University of Central Florida (UCF) football player collapsed and died after a strenuous workout.  His parents filed a wrongful death suit in 2009.  The case went to trial in  2011, and the parents were each awarded $5 million in damages.

The case was appealed by UCF and its insurance company.

The appeal court’s ruling reduced the $10 million award to $200,000.  Why was the award reduced?  Here’s where sovereign immunity came into play.

The three-judge appeals panel stated that UCF’s power of control over its athletics association (“UCFAA”) is sufficient for sovereign immunity afforded to state agencies in civil judgments.  Under the doctrine of sovereign immunity, a sovereign (or government, agency, etc.) is immune from lawsuits or other legal actions except when it consents to them.

According to an article in USA Today, in a written statement on behalf of the [athlete’s] family, attorney Steve Yerrid said they were “disappointed” that the judges found UCFAA should get sovereign immunity and wrote “the result of this ruling guts the outcome of the trial court’s judgments, as well as the verdict rendered by the jury that heard all the evidence.”

“For the [athlete’s] family and the sake of all Floridians, we are extremely troubled by such a broad expansion of sovereign immunity to a corporation such as the UCFAA when there is very little, if any, state involvement in its actual operations,” the statement continued in part. “To allow immunity in such circumstances creates a dangerous precedent for student-athletes and their families.”

Herndon area lawyer Landau could not agree more.  “People, organizations, groups MUST be held accountable for their actions, says Doug.  “The jury in the trial, after hearing the evidence, concluded that the school and the athletic association did not do its part to keep this 19 year old athlete safe.  Reducing the award on grounds of sovereign immunity is a travesty, and a blemish on our legal system.  As a member of the Florida Bar, I am glad to read that the family plans to take this case to the Supreme Court of Florida, and I eagerly await the outcome.”

If you or someone you know has been injured — or worse — due to no fault of your own and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).