» Family of FSU Football Player to Receive Remainder of 2 Million in Wrongful Death Case

Family of FSU Football Player to Receive Remainder of 2 Million in Wrongful Death Case

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.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007

View Larger Map

  • Wrongful death lawsuit filed by family of Florida nursing home resident who died after Hurricane Irma
    The family of Miguel Antonio Franco has filed a wrongful death lawsuit against the south Florida nursing home where he and 10 other elderly residents died after Hurricane Irma. The hurricane struck on September 10 leaving the facility without air conditioning for days. The lawsuit claims that The Rehabilitation Center at Hollywood Hills failed to […]
  • Attorney for Aaron Hernandez’s daughter files lawsuit against NFL over severe brain injury
    Aaron Hernandez’s daughter has filed a lawsuit against the NFL and the New England Patriots, after the former football player was diagnosed postmortem with State III chronic traumatic encephalopathy, or CTE. Hernandez was a standout University of Florida football player before playing for the Patriots. He was arrested in 2013 for the murder of Odin […]
  • 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 […]

See other news sources publishing this article. BETA |

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required