On August 28th, 2017, Stetson University football player Nick Blakely collapsed on the sidelines and died shortly after. Blakely had complained of dizziness and tightness in the chest and decided to take a break from practice before collapsing from what would later be discovered as an undiagnosed heart problem.
Parents of the nineteen-year-old linebacker filed a wrongful death lawsuit on April 14th, 2018 against Stetson University alleging that the university had failed to take appropriate safety precautions. As stated in the lawsuit, Blakely had informed the university’s football staff that he was experiencing chest pain, which went undocumented.
On the day of his death, Blakely had told his trainer that he was not feeling well and had chest congestion. According to the lawsuit, the trainer failed to refer Blakely to the university’s health clinic. The lawsuit further alleges that despite his complaints, Blakely was required to participate in morning and afternoon practice sessions. Ultimately, the lawsuit claims that Blakely had difficulty continuing to participate in the practice and was instructed to sit on the sidelines, where he went unsupervised until he collapsed.
Blakey’s mother, Michelle Wilson, sued the school for damages in excess of $15,000. However, a lower court ruled that the family could not sue for damages because Blakely had signed a liability waiver to play football for Stetson University. In January 2023, the Court of Appeals of Florida reversed the judgment citing that the university’s liability waivers contained “unclear and ambiguous” language.
Further, the Court of Appeals stated that the liability waiver “did not expressly inform Blakely that by executing the document at issue, he would be contracting away his right to sue Stetson for Stetson’s own negligence”. Stetson University took the case to the Florida Supreme Court which on June 1st, 2023 decided to decline their appeal, clearing the way for Blakely’s family to pursue a lawsuit against Stetson.
What is considered “wrongful death” in Florida?
According to Florida law, a wrongful death occurs “when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person”. A wrongful death claim may be filed by the deceased personal representative or executor. The personal representative acts on behalf of the deceased person’s estate and any surviving family members upon filing the claim. The statute of limitations for a wrongful death claim in Florida is two years from the time of the person’s death.
In the case of Nick Blakely, Michelle Wilson is pursuing a wrongful death claim on behalf of her son on the basis that Stetson University failed to provide appropriate care, and otherwise acted negligently, which resulted in the death of Blakely.
More information on wrongful death claims in Florida may be found in the post “Three Common Questions About Wrongful Death Claims in Florida”.
Call An Experienced Wrongful Death Attorney
The death of a loved one can be devastating, especially if it is caused by the carelessness, negligence, or willful harm of another. For over 30 years, our experienced attorneys at Panter, Panter, and Sampedro have litigated wrongful death cases to help families throughout South Florida recover damages for their emotional suffering and financial losses. To speak to an attorney today, call (305) 662-6178.
Sources:
https://www.fox35orlando.com/news/court-says-family-of-dead-stetson-athlete-can-sue-university
https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-florida.html
https://panterlaw.com/2020/11/13/3-common-questions-about-wrongful-death-claims-in-florida/
