FSU and Darling family settle case
TALLAHASSEE, Fla. -- Florida State University and the family of Devaughn Darling have reached an agreement in the death of the former Seminole football player. Darling's family will receive $2 million, according to a settlement agreement approved today by Judge L. Ralph Smith in the Leon County Circuit Court. The State of Florida Division of Risk Management will issue a check for $200,000 - the state's statutory limit. The $200,000 cap means the family must petition the Legislature for the remaining $1.8 million.
In addition, FSU will:
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… Place a memorial to Darling in its athletic building.
… Provide duplicates of photographs and video of Darling during his playing time at FSU to the family.
… Make replicas of the rings awarded to Darling for the January 2001 Orange Bowl and the 2000 ACC conference championship.
… Implement or revive the scholarship endowment for Darling and inform the family of the status of the endowment.
Darling was an 18-year-old freshman linebacker from Houston when he died Feb. 26, 2001, after participating in a football conditioning program.
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Darling's family members, including his father, Dennis Darling, and his mother, Wendy Smith, filed a wrongful death lawsuit against FSU in October 2002 and an amended complaint in February 2003. The case was sent to mediation by court order. Both parties agreed to fully settle the lawsuit and other claims against FSU after mediation discussions were held Nov. 14, 2003.
FSU received the signed stipulated agreement from the plaintiffs on May 10, 2004, and FSU filed the agreement with the court today.
The family must file a claims bill for the $1.8 million by Aug. 1 in order for it to be considered at the next regular legislative session. FSU has agreed to support the claims bill.