Tampa, FL (Law Firm Newswire) June 26, 2017 – The family of a Florida State University (FSU) football player will receive the remainder of the settlement amount in a wrongful death case, after Florida Governor Rick Scott signed a claims bill directing the university to make the payment.
Devaughn Darling died in 2001 after he collapsed during a strenuous FSU football training session. The family filed a wrongful death lawsuit alleging that the university was negligent in its supervision of the player, who had been diagnosed with sickle cell trait. A $2 million settlement was reached between the family and the university. However, sovereign immunity law prevents state agencies and public entities from paying amounts over certain limits, in this case $200,000. In order for the remainder of the settlement to be paid, a claims bill had to be approved by lawmakers.
“Whenever a family loses a loved one as the result of another’s negligence, they are entitled to seek compensation from the wrongdoer, and that is no less true when the defendant is a government agency,” said Robert Joyce, a wrongful death attorney with the Tampa firm of Joyce & Reyes, who is not involved in the case.
The need for a claims bill meant that the Darling family had to lobby for legislation to be passed in order to receive the payment that the university had agreed to make. The family held a news conference at the Florida State Capitol on February 2, which the Capitol had designated as Florida State University Day. They asked that the claims bill to be approved, as they had been requesting every year since 2005. The family has said that the funds will be used to support a foundation formed in Devaughn’s honor.
Gov. Scott signed the bill June 2, along with 10 other claims bills approving payments in lawsuits against state agencies.
Learn more at http://www.joyceandreyespa.com
Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
- Florida pill mill operator sentenced to six years in prison
A Florida “pill mill” operator was sentenced to six years in federal prison, after prosecutors said he made “exceptional” efforts to help investigators, which led to convictions of other people involved in illegal distribution of prescription drugs. Pasquale Gervasio who helped run pain clinics in Florida, which were raided in 2011, pleaded guilty to a […]
- Florida couple file medical malpractice lawsuit over allegedly botched surgery
A Florida couple filed a medical malpractice lawsuit against a medical facility and doctor, claiming that a surgery resulted in nerve damage. Knud Hostrup and Maria Luzia Hostrup filed the lawsuit against doctor Matthew E. Wells and an orthopedic surgery and sports medicine center May 2, alleging medical malpractice. The complaint alleges that Mr. Hostrup […]
- Florida family wins $33.8 million medical malpractice award in brain injury case
A Florida family was awarded $33.8 million in a medical malpractice lawsuit after a judge ruled that a baby’s irreversible brain damage was caused by the decisions of a federally employed doctor. The baby’s mother was a patient at Jessie Trice Community Health Center in Miami Gardens, Florida when the baby was born on December […]
- Florida drivers second worst in country for distracted driving
Researchers ranked Florida’s distracted drivers the second worst in the nation. EverQuote, an online insurance marketplace, collected data from 2.7 million car trips over 230 million miles, through its EverDrive app, which promotes safe driving habits. The app helps users monitor their own speeding and cell phone use while driving. Distracted driving is a major […]
- Wrongful death lawsuits filed over crash that killed Jose Fernandez and two friends
Wrongful death lawsuits have been filed in Florida by the families of two people who died along with Miami Marlins pitcher Jose Fernandez when the boat he was piloting crashed into a jetty. The accident occurred on September 25, 2016, when the boat hit a rock jetty near Miami Beach at a speed in excess […]