Sunday, March 1, 2009

Parents of former FSU football player seek state compensation for his death

A claims bill for the family of Devaughn Darling will make another attempt to get through the Legislature this session, eight years after the Florida State University linebacker died during off-season drills.

So far Wendy Hunter, Darling’s mother, and Dennis Darling, his father, have been paid $200,000, the most allowed under state law. The state’s sovereign immunity requires legislative approval for payments greater than that.

The parents and FSU settled a lawsuit in 2004 that would pay them $2 million for Darling’s death, but each year the claims bill has been brought up it’s been pulled before a vote could be taken. This year could be especially challenging for claims bills in general since lawmakers will have to make severe cuts to balance the budget.

“This has been lingering for quite a while,” said Sen. Al Lawson, D-Tallahassee, sponsor of the Darling claims bill (SB26). “It’s an issue of fairness to the family.”

Lawson said despite the state’s poor financial condition, claims bills such as this one should pass because “they are nonrecurring dollars.”

Hunter, who has long criticized the fact the bill hasn’t gone through the Legislature, could not be reached for comment.

Yolanda Jackson, who is lobbying for the Darling claims bill, said she is hopeful the bill is passed, but has yet to know what Senate and House leadership plans to do with such bills this session.

“With the budget the way it is, I’m not sure,” Jackson said.

Both House and Senate leadership spokeswomen said how the claims bill process and what claims bills will be voted on this session is still under discussion.

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