First lawsuit filed in UGA death case

[unfrozencvmanvol]

I'm by no means an attorney or legalese whiz (I haven't even stayed at a Holiday Inn Express in ages), but if the UGA Athletic Association is a 'cooperative organization' (per the link below) and not part of the University or Board of Regents...wouldn't that eliminate the $2mil limit to the wrongful death suit? The question in my mind is whether the affiliated/cooperative org in question (UGAAA) is a state agency or organization? If not, could the family go after them for an amount beyond that $2mil cap?

Per the link: Normally, affiliated organizations operate as entities with separate legal standing if created under articles of incorporation that distinguish it from the University System of Georgia.

Cooperative Organizations | Office of the President | University of Georgia

I am a lawyer, in Georgia (where unfortunately I have lived most of my adult life) and I think it's been ruled that public university athletic associations are arms of the State and are entitled to sovereign immunity. I remember a case a number of years ago where some employee of the UGAA screwed up and did not renew a player's insurance and then the player was thereafter seriously injured. The player argued that he no longer had a pro future and that he had been harmed by the UGAA's negligence in failing to renew the policy. The Court ruled that the UGAA was protected by sovereign immunity (i.e. it was an arm of the State), however in that case the legislature had waived the tort claim for negligence by the State up to the statutory maximum (whatever it was at the time, I think it might have been a million back then). Unfortunately for the player, the player had not given the "ante litem notice" required for state agencies within 1 year of the claim arising and so his claim against the UGAA (which would have been worth whatever a jury said it was up to the statutory maximum of 1 million) was barred anyway for being untimely. As a practical matter, the player probably then sued his lawyer and recovered from him or his insurer instead. In this case, that's what these lawyers are doing: giving timely ante litem notice. I don't think they have actually filed suit yet, but they are giving ante litem notice within 1 year as required by law to be sure they don't make that same mistake.

 

[tbh]

I am a lawyer, in Georgia (where unfortunately I have lived most of my adult life) and I think it's been ruled that university athletic associations are arms of the State and are entitled to sovereign immunity. I remember a case a number of years ago where some employee of the UGAA screwed up and did not renew a player's insurance and then the player was thereafter seriously injured. The player argued that he no longer had a pro future and that he had been harmed by the UGAA's negligence in failing to renew the policy. The Court ruled that the UGAA was protected by sovereign immunity (i.e. it was an arm of the State), however in that case the legislature had waived the tort claim for negligence by the State up to the statutory maximum (whatever it was at the time, I think it might have been a million back then). Unfortunately for the player, the player had not give the "ante litem notice" required for state agencies within 1 year of the claim arising and so his claim against the UGAA (which would have been worth whatever a jury said it was up to the statutory maximum of 1 million) was barred anyway for being untimely. As a practical matter, the player probably then sued his lawyer and recovered from him or his insurer instead. In this case, that's what these lawyers are doing: giving timely ante litem notice. I don't think they have actually filed suit yet, but they are giving ante litem notice within 1 year as required by law to be sure they don't make that same mistake.

Ahh, understood. I've often heard of the AAs referred to as if they were quasi-separate entities from universities but where it was always gray area in my mind was whether the AA is a state organization or truly independent (but operating in support of the state). Thanks for answering a question that I have had for quite a while!

 

[unfrozencvmanvol]

Ahh, understood. I've often heard of the AAs referred to as if they were quasi-separate entities from universities but where it was always gray area in my mind was whether the AA is a state organization or truly independent (but operating in support of the state). Thanks for answering a question that I have had for quite a while!

I imagine Tennessee is similar, it makes sense that State governments would try to protect their public universities and their athletic programs. I don't know for sure about Tennessee because I've never practiced up there unfortunately, life took me to Georgia 30+ years ago. God willing I will get back up there eventually though after I retire.

 

[tbh]

I imagine Tennessee is similar, it makes sense that State governments would try to protect their public universities and their athletic programs. I don't know for sure about Tennessee because I've never practiced up there unfortunately, life took me to Georgia 30+ years ago. God willing I will get back up there eventually though after I retire.

You've been living in Georgia almost as long as I have, haha. At three years old, I didn't have much say in my forced relocation to Georgia but I'm looking to retire someday back up in east Tennessee though. Here's to getting back north to Tennessee!

 

[walkenvol]

Once again, legally speaking 3rd cousin Ray Ray has no standing to bring a lawsuit. I mean I guess they could go to the courthouse, pay the filing fee, and file lawsuits all day long. Each and every one of them (except the parents) would be dismissed immediately by the courts man.

Trust me, I'm as anti-UGA as you can get. Wouldn't bother me at all if they were sued into oblivion

Just cannot and will not happen here. They-as an entire family unit max out at $2 million. I already described how courts determine the next logical heirs for standing in these things. UGA knows they are screwed and will settle with the parents before any trial begins. Dawgs know they will lose in court and don't want any more bad PR. Might as well save the attorney fees and then try to pretend the whole thing never happened.

You may not like it or agree with cousin Ray Ray not being able to sue UGA, but that's just the way it is. No standing equals you lose.

How long before one of these type cases challenge whether the athletic department being paid hundreds of $millions by entertainment companies to broadcast their content are truly “government entities”? With all the recent changes to college sports this seems inevitable to me