Florida Plancher Decision: A Sweeping Blow to Student Athletes Suffering from Brain Injuries*

On August 16, 2013 Daytona’s Fifth District Court of Appeal ruled against a student athlete, deceased Ereck Plancher, reducing the jury’s verdict of $10 million to the $200,000 sovereign immunity cap. *(Update previous blog) On May 28, 2015, the Florida Supreme Court upheld the lower appellate court. Plancher died tragically in 2008 after collapsing in an off season football work out session supervised by his University of Central Florida coach, George O’Leary and staff. The trial in Orlando was hotly contested and widely reported. The evidence presented that the jury accepted was that players were forced to practice without safety precautions and staff being available to treat players who c

Predatory Lenders Swoop Down on NFL Concussion Plaintiffs-Brain Injury Victims Beware

Victims of personal injury due to the fault of third parties in dire financial straits have for years been the prey of companies that advance cash to them against their potential recovery or settlement. Now, former NFL players who suffer from CTE (chronic traumatic encephalopathy from repeated blows to the head) waiting to receive concussion payouts are also prey for these lenders. The risk to the lending company is if there is no recovery, then there is no obligation to pay back the advance. In that circumstance the debt becomes what can be considered a forgiven loan. On the other hand, one attractive benefit to the borrower is quick cash. The burdens to the borrower can outweigh the benefi

© 2018 by DeCiccio & Johnson

  • Facebook Social Icon
  • LinkedIn Social Icon
  • Google+ Social Icon