UCF has six months to respond to intent to sue notice

[Who'sYourData?]

Tammie Dorsey declined to comment Tuesday through her attorney, but Kevin Kalwary, an investigator with Cohen, Jayson and Foster, said she had contacted his firm in January, shortly after her son's death.

"She was frustrated at her inability to get answers ... from USF, from the medical examiner, from everyone, " Kalwary said. "We're trying to get those answers for her, and all I can say is we're investigating the case."

That quote was taken from a blog written six months after Dorsey's death. Also, the Dorsey family is still considering a law suit.  

Links for both of those bolded sentences, please ...

I do remember the above quote.  But I doubt the poster has any idea whether the Dorsey family is still considering a law suit.  They do have another six months or so to file the Intent to Sue, I guess.

I have no idea what GG is talking about with hatred for O'Leary.  But being an ex-football coach just tells me that he is likely another die hard, push the kids till they puke guy.  News flash, it isn't necessary to push a kid near the point of death to make them a better football player, and it isn't ok that a kid dies now and again.  Yes, the deaths will continue to happen in football just as they do for other reasons in life.  But we can do things to improve the odds.

[Triple B]

Tammie Dorsey declined to comment Tuesday through her attorney, but Kevin Kalwary, an investigator with Cohen, Jayson and Foster, said she had contacted his firm in January, shortly after her son's death.

"She was frustrated at her inability to get answers ... from USF, from the medical examiner, from everyone, " Kalwary said. "We're trying to get those answers for her, and all I can say is we're investigating the case."

That quote was taken from a blog written six months after Dorsey's death. Also, the Dorsey family is still considering a law suit.  

Links for both of those bolded sentences, please ...

I do remember the above quote.

I think the point he was TRYING to make with that quote is that the two situations are the same, when they're not. That quote was probably made before the autopsy came out and she was trying to find out what Keeley died of. The Plancher family is trying to figure out if UCF botched up the

  But I doubt the poster has any idea whether the Dorsey family is still considering a law suit.

Which is why I asked for a link. UCFers are notorious for pulling crap out of their butt and I don't think rumors like this need to be perpetuated ...

[twillybull]

FDLE should start an INDEPENDENT criminal investigation into these matters.  If the 4 player's stories are true, then this may have been manslaughter.  If they really knew about his sickle cell trait prior to his death, then O'Leary admitting to singling him out (after his first denial of actually being there) does not coincide with the due care that should have been provided.  The fact that these players claimed that O'Leary cursed out the kid, well that pretty much clinches it.  Unfortunately these kids have to remain anonymous and the only people they can trust (without repercussions) are reporters from the Sentinel.  There NEEDS to be an independent FDLE investigation into these matters. 

It is clear that the University and University police force are not interested in the truth.  This was clear in the first day press meeting where the UCF Police spokseman right off the bat stated that "nothing inappropriate occured".  That's like getting pulled over for speeding and instantly stating "I have no drugs in the trunk". 

What are they hiding?  I think it's pretty clear. 

 

[DawgPound]

If this goes to court, those players would become identified.  If the prosecution side can't get them to take the stand, their testimony to the Slantinel is invalid.

If what UCF said is true and Plancher was advised of his condition and still played, it isn't manslaughter, but a case of accidental death.

Way back in 1998, a girl I knew in Ohio got hit by a car and died while riding her bike across a 5 way intersection where there was no crosswalk and against the light.  No charges were filed against the driver because she had her driver's license and had to know the rules of the road.  She chose to take a risk and died because of an accident.  Plancher MIGHT be a similar case...we don't know yet.

[twillybull]

If this goes to court, those players would become identified.  If the prosecution side can't get them to take the stand, their testimony to the Slantinel is invalid.

If what UCF said is true and Plancher was advised of his condition and still played, it isn't manslaughter, but a case of accidental death.

Way back in 1998, a girl I knew in Ohio got hit by a car and died while riding her bike across a 5 way intersection where there was no crosswalk and against the light.  No charges were filed against the driver because she had her driver's license and had to know the rules of the road.  She chose to take a risk and died because of an accident.  Plancher MIGHT be a similar case...we don't know yet.

That is arguable, as if they did know of his condition and O'leary acted as the players have accused, then his act is criminally negligent and Plancher's knowledge does not alleviate the coach from following standard training practices. 

However, I thought the criminal case against several law enforcement officers that killed that kid in bootcamp was a shoo-in.  Hell, they were caught on tape but somehow got off.  Their excuse was they didn't know the signs / symptoms of sickle-cell trait and wern't trained to recognize them (although how the nurse could cop that excuse was beyond me). 

[USFMikeB]

I think that ucIF made some errors in how they handled this at every stage of the issue, and at every level of the administration.  This could have been handled better by ucIF, but so many of their fans are so wrapped up in blaming the Sentinel for writing stories about the topic that they've never really lashed out at their university for the way they handled it.  To be honest, if I were a ucIFer, I would be worried that this could happen again, because I don't think anyone at the university has ever accepted that they made an error.

The death of Dorsey was traumatic for USF, but USF not only handled it approprately, they actually strengthened their processes for handling these kinds of crises.  The two main results of the difference in how ucIF and USF handled the crisis - USF never got sued by the Dorsey family, and a USF softball player owes her life to the manner in which USF monitors and treats its players.

You ucIF fans will never admit it - but your university should be talking to USF about modeling their system on USF's best practices.

In the end, ucIF will end up paying out a few million dollars.  There is legal precedent in which ucIF has argued that certain state laws don't apply to their Athletics, and the Plancher family lawyer will be able to use that as leverage in negotiating an out of court settlement.  No way does ucIF let this get into a court of law - it will air out all the dirty laundry of just how badly they handled the issue.  Since the state won't pay more than $200K, it will end up coming out of Athletics funds, and will hurt their programs for a couple years.

Best practices?

Also, anything over $200,000 won't come out of the Atheltic fund, it will come from insurance that every school playing any sport carries and is required to carry, even us high school coaches have it.  

Tammie Dorsey declined to comment Tuesday through her attorney, but Kevin Kalwary, an investigator with Cohen, Jayson and Foster, said she had contacted his firm in January, shortly after her son's death.

"She was frustrated at her inability to get answers ... from USF, from the medical examiner, from everyone, " Kalwary said. "We're trying to get those answers for her, and all I can say is we're investigating the case."

That quote was taken from a blog written six months after Dorsey's death. Also, the Dorsey family is still considering a law suit.  

Actually, that quote was taken shortly after the medical examiner released their autopsy results.  Furthermore, the portion where you are insinuating regarding the inability to get answers was specifically referencing when the Dorsey family contacted the lawyer, which was "shortly after her son's death".  Anytime this happens, there's going to be some uncertainty until many of the details come out.  You and I both know that USF handled the situation MUCH MUCH MUCH better than ucIF.

Furthermore, there haven't been any stories on Dorsey in an extended period of time, so feel free to justify your statement that they are still considering a lawsuit.  I see that others have asked you for justification, and you haven't provided any.  I think I know why...

[USFMikeB]

Also, I forgot to mention that if ucIF has any level of culpability in the death, that insurance won't mean squat.  The insurance company will settle with the family and turn around and IMMEDIATELY sue ucIF to recover damages.

[SANJAY]

Also, I forgot to mention that if ucIF has any level of culpability in the death, that insurance won't mean squat.  The insurance company will settle with the family and turn around and IMMEDIATELY sue ucIF to recover damages.

Huh?  There is either coverage for a first party claim or there isn't.  UCF's own carrier will not settle a claim for which there is coverage and then sue UCF, if they did why buy insurance?  If the claim is not covered then the insurance company denies coverage so there's nothing for them to sue UCF about (although UCF could sue them for wrongful denial of the claim). 

Now if Plancher had insurance  and his carrier was now required to pay, that carrier could sue UCF under subrogation theories.  Entirely different matter.

[USFMikeB]

Happens all the time, Sanjay...

[Bullpride08]

FDLE should start an INDEPENDENT criminal investigation into these matters.  If the 4 player's stories are true, then this may have been manslaughter.  If they really knew about his sickle cell trait prior to his death, then O'Leary admitting to singling him out (after his first denial of actually being there) does not coincide with the due care that should have been provided.  The fact that these players claimed that O'Leary cursed out the kid, well that pretty much clinches it.  Unfortunately these kids have to remain anonymous and the only people they can trust (without repercussions) are reporters from the Sentinel.  There NEEDS to be an independent FDLE investigation into these matters.   

It is clear that the University and University police force are not interested in the truth.  This was clear in the first day press meeting where the UCF Police spokseman right off the bat stated that "nothing inappropriate occured".  That's like getting pulled over for speeding and instantly stating "I have no drugs in the trunk". 

What are they hiding?  I think it's pretty clear. 

 

There is no manslaughter or criminal neglect here twilly.  Dawg is right there is a level where people take responsibility for their actions and this is what occurs in civil trials.  No one intentionally, or unintentionally wanted this to happen at UCF.  The only thing in question is if UCF handled EP and his condition properly.  If not then there was some level of neglect, and the civil trial would flush this out.  Even if O'Leary yelled at him it wasn't out of spite or for criminal intent, it was just unfortunate that if he did yell at him and pushed EP to not quit that possibly no trainer stepped in and said 'Coach you've got to stop and let us handle this one for a minute.  EP has a condition and we need to cool him down for a minute'.  That's where the separation occurs, and where UCF will probably settle because that likely didn't occur.  It wouldn't have been O'Leary's fault, he's a coach that coaches 110 players it's the trainers job to know all 110 player's files and who needs special care and monitoring.  The only area where UCF could get in DEEP trouble would be if EP actually had this condition and there was no record of them telling him, or past situations where he possibly fainted (this has been insinuated by some individuals interviewed) and nothing special was done then or ever to take greater care of him.  Although I doubt that to be the case, I think, and from it sounds like, this was more a case of some trainer or trainers that were a bit lax at this workout and by the time EP became endangered it was possibly past the point of no return.  It's hard to say anything other than it was a tragic mistake, and ultimately UCF would be responsible, they'd settle and probably a few people would lose a job and stricter practice monitoring would be implimented. 

Let's not make accusations or insinuations that are bigger then the circumstances.  To suggest what you're saying there would have to be a massive conspiracy that we know was clearly not present and the end result was definitely not anyone's intention or hope.