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UCiF denied new trial in Plancher case


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Not looking good for the great hype machine of O-town.

OrlandoSentinel.com

Judge denies UCFAA motion for new trial, declines to alter Ereck Plancher verdict

UCFAA is expected to appeal judge's decision

By Iliana Limón | Orlando Sentinel

3:48 PM EDT, August 2, 2011

An Orange County judge denied UCF Athletics Association's request to alter the jury's verdict in the Ereck Plancher wrongful death trial.

After a three-week trial, a jury determined June 30 UCFAA was negligent in UCF football player Ereck Plancher's death and awarded his parents $10 million in damages.

Circuit Judge Robert M. Evans denied UCFAA's request for a new trial. He also denied the athletic association's request to reverse the jury's verdict and reduce the jury's $10 million award.

"I don't second guess juries unless there simply is no evidence on which they could have based their verdict," Evans said.

The judge also determined Plancher family attorneys are eligible to receive court costs and legal fees from UCFAA because they offered a viable $4.75 settlement offer UCFAA attorneys rejected before the trial.

UCFAA, which oversees the UCF football program, was represented by attorneys working on behalf of Great American insurance company.

UCFAA attorneys argued the settlement offer did not follow proper legal procedure and would not have absolved the athletic association of all potential liability. Plancher family attorneys countered they provided a standard, clear settlement offer.

Plancher family attorney Steve Yerrid said the combination of likely court costs, legal fees and interest would push UCFAA's bill to nearly $14 million.

"The Plancher family prevailed once again today, and we commend the judge for being fair and honoring the jury's decision," Yerrid said.

Evans stood by the majority of his rulings questioned in a 42-page motion UCFAA filed following the jury's verdict. The UCFAA motion objected to both the judge's decisions and his conduct, arguing Evans did not preside over a fair and impartial trial.

"I'm not saying that there aren't some things on appeal that could go one way or another, but just I have to make a call," Evans said, refusing to revisit his previous rulings. "And as we went through the trial, I made a call on those things."

However, the judge said he wanted to take more time to research UCFAA attorneys' request to interview jurors they argued violated court rules by passing notes during the trial. Evans said it was an unusual request and he did not feel comfortable making an immediate ruling.

If Evans formally denies the remainder of issues outlined in UCFAA's motion, it can file a formal appeal with the Fifth District Court of Appeals.

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What no UCF fans telling us that the legal system and the judges also have it out for them because of their awesomeness.  All their troubles are because of everyone else, nothing UCF does......I am sure when the NCAA puts them on probation for football and hoops it will because they all had it out for them because of their awesomeness too. 

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i think i just heard a toilet flush

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What no UCF fans telling us that the legal system and the judges also have it out for them because of their awesomeness.  All their troubles are because of everyone else, nothing UCF does......I am sure when the NCAA puts them on probation for football and hoops it will because they all had it out for them because of their awesomeness too.  

el oh el

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"Pay him.  Pay that myan his maney." 

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"Pay him.  Pay that myan his maney." 

i-dont-always-see-but-when-i-do-its-what-you-did-there.jpg

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Very funny!!!!

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This is still going to get appealed.  This judge can rule anything and UCF will appeal it....the planchers won't see a dime for years.

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