UCF Athletics Ass'n v. Plancher
2013 Fla. App. LEXIS 12805
| Fla. Dist. Ct. App. | 2013Background
- Ereck Plancher, II died during UCF football practice after conditioning drills; parents sued UCFAA and UCF for negligence.
- UCFAA sought summary judgment on a waiver/release in Paragraph M of the Medical Examination and Authorization Waiver signed by Ereck; trial court denied.
- The jury awarded $10 million to Planchers; UCFAA appealed, arguing release unenforceable and entity not entitled to sovereign immunity.
- Court held the release ambiguous but UCFAA entitled to limited sovereign immunity under §768.28(2) and (5).
- UCFAA is a direct-support organization created by UCF; majority found it functions as an instrumentality of the state and is covered by immunity.
- Court remanded for further proceedings consistent with its opinion; judgment reduced to the statutory cap ($200,000) on sovereign-immunity damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Paragraph M release ambiguous or enforceable? | Release should be read broadly to cover all negligence claims and injuries connected to athletics. | Release is unambiguous and exculpates UCFAA from claims arising from participation and related negligence. | Release ambiguous; not enforceable to bar negligence claims in this context. |
| Is UCFAA entitled to limited sovereign immunity under §768.28(2) and (5)? | UCFAA not sufficiently controlled by UCF; not an instrumentality; no immunity extension. | UCFAA is an instrumentality primarily acting for UCF; entitled to immunity and its judgment should be reduced. | UCFAA is entitled to limited sovereign immunity as an instrumentality of the state; judgment remanded with cap. |
Key Cases Cited
- Keck v. Eminisor, 104 So.3d 359 (Fla.2012) (confirms instrumentality status can trigger immunity)
- Pagan v. Sarasota County Pub. Hosp. Bd., 884 So.2d 257 (Fla.2d DCA 2004) (recognizes governmental control factors in instrumentality analysis)
- Betterson, 648 So.2d 778 (Fla.1st DCA 1994) (cumulative statutory constraints show control and instrumentality status)
- Shands Teaching Hosp. & Clinics, Inc. v. Lee, 478 So.2d 77 (Fla.1st DCA 1985) (autonomy vs. government control test for immunity)
- Mingo v. ARA Health Servs., Inc., 638 So.2d 85 (Fla.2d DCA 1994) (contractual language cannot alone defeat instrumentality status)
- Give Kids the World, Inc. v. Sanislo, 98 So.3d 759 (Fla.5th DCA 2012) (exculpatory language can be sufficiently broad to bar negligence claims)
- O’Connell v. Walt Disney World Co., 413 So.2d 444 (Fla.5th DCA 1982) (express limitation to inherent risks may not bar negligent conduct claims)
- Lantz v. Iron Horse Saloon, Inc., 717 So.2d 590 (Fla.5th DCA 1998) (broad exculpatory language can encompass negligence claims)
- Rosenberg v. Cape Coral Plumbing, Inc., 920 So.2d 61 (Fla.2d DCA 2005) (bright-line express reference vs. broad releases)