UCF Trial on the death of Planchard

[DELdaBull]

So Pride,

Are you saying that the Plaintiff could have won with just the trainer testimony and the fact that Plancher's consultation wasn't documented?

If so, if I was an attorney I would have taken that case also. Easy money.

[Bullpride08]

So Pride,

Are you saying that the Plaintiff could have won with just the trainer testimony and the fact that Plancher's consultation wasn't documented?

If so, if I was an attorney I would have taken that case also. Easy money.

Yep.  That's negligence case closed.  Proper medical care provides for trainers and doctors to counsel players with genetic ailments, and maintain notes.  Also at the time of Plancher's death all the medical literature out there on SCT had said 'excessive strenuous exercise' must be monitored closely for people with SCT.  ALL THE LITERATURE!  So for UCF to basically have no support to suggest they even told Plancher about this genetic blood ailment, which adds more credence when the trainer on staff said he didn't know, and had he known he would have treated him differently. 

That's all you need.  UCF handled his case of SCT poorly.  UCF suggesting other players have SCT and didn't die that day is transitive...lots of people have heart ailments that are undetected and don't drop dead on their first run.  It doesn't mean you stop monitoring them.  The suggestion he had a heart ailment is also a big fail.  There is absolutely no proof of that, and secondly SCT is never the final death sentence, it's more of a cause, or facilitator.  The cells sickle after the body is going through extreme exertion, and dehydration.  When the cells sickle they do not retail nutrients, and water...so for a normal person without SCT the same workout could just exhaust them, for a SCT person it could severely dehydrate the person and possibly kill them.  The results of death tend to be cardiac arrest, heat stroke, aneurism.  But it was the SCT that brought on the condition and caused the death...as in the case of Plancher.  When they looked at his blood cells they were all sickled.

Simply put, had UCF trainers and coaches on site that day known, and possibly Ereck, that he had SCT would he be alive today?  No one can say for sure, but one thing a jury can say is for sure it could have increase his odds of survival- negligence!

When UCF goes to the appellate court they can't argue that the jury should consider their version.  The only thing they can argue about is the jury heard evidence they shouldn't have that might have biased their decision...or that the defense's evidence was unconstitutional, or the judgement did not fit the act.  Which is why it's so shocking UCF is appealing, and why they didn't take the first settlement.  Nothing from first blush shows there is a potential for reversal, and now continuing to pursue just makes UCF looks ignorant, and mean spirited.