Partial settlement agreement reached in wrongful death suit involving VUU football player
RICHMOND, Va. (WRIC) — Attorneys on both sides of a wrongful death lawsuit involving a Virginia Union University (VUU) football player have reached a partial settlement agreement. On Aug. 8, 2021, 19-year-old Quandarius Wilburn collapsed and later died after practicing at a conditioning session at Virginia Union University. Following his death, the family of Wilburn filed a $10 million wrongful death lawsuit in July 2022. According to the lawsuit, Wilburn was diagnosed with a sickle cell trait and his health condition was reported to athletic staff at the university. Given his condition, his family claims he was placed in a conditioning drill that was extremely intense and egregiously inappropriate. Citing Wilburn ran 80-yard sprints with little rest. Several claims pointing to areas in which staff members fell short in helping Wilburn were referenced in the lawsuit -- including, staff members' and coaches' failure to: provide sufficient rest call for appropriate emergency assistance in a timely manner monitor Wilburn The family attorney told 8News that both sides reached a partial settlement before their claims could be heard by a jury. 8News spoke with attorney Ryan Wind who often works on wrongful death cases. He says most of these cases come to a settlement agreement before heading to trial. "A lot of times, this can give families closure when this last part is done. So that they can move on, that they're done with their claim," Wind said. "Obviously, the loss of a loved one is something that no family will ever truly get completely over. But at least this closes one chapter of it." The Wilburn family attorney did not disclose a settlement amount. "Just because you have sued for a certain amount -- in this case, $10 million -- that does not mean that you settle the case for $10 million in Virginia when you put a number on it, that's your ceiling," Wind said. "You can't get higher than that. But that doesn't mean that a settlement, obviously, almost all the time is going to be less than that because the defense would never pay the worst day and that would be their worst day." A spokesperson from the university previously shared their support for the Wilburn family, students, staff and the athletic department. 8News reached out to the university for a comment on the settlement decision and did not hear back before the publication of this article. The partial settlement is awaiting final approval by a judge. A hearing is set for November 2024. “Wrongful death claims are always tough. You know, if you're representing the family, it's tough because there's nothing you can ever fully do to bring their loved one back. It's also tough for the defense because there's someone that's been tragically killed and you're trying to help defend a client against that. So, tensions are always high," Wind said.
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RICHMOND, Va. (WRIC) — Attorneys on both sides of a wrongful death lawsuit involving a Virginia Union University (VUU) football player have reached a partial settlement agreement.
On Aug. 8, 2021, 19-year-old Quandarius Wilburn collapsed and later died after practicing at a conditioning session at Virginia Union University.
Following his death, the family of Wilburn filed a $10 million wrongful death lawsuit in July 2022.
According to the lawsuit, Wilburn was diagnosed with a sickle cell trait and his health condition was reported to athletic staff at the university. Given his condition, his family claims he was placed in a conditioning drill that was extremely intense and egregiously inappropriate. Citing Wilburn ran 80-yard sprints with little rest.
Several claims pointing to areas in which staff members fell short in helping Wilburn were referenced in the lawsuit -- including, staff members' and coaches' failure to:
- provide sufficient rest
- call for appropriate emergency assistance in a timely manner
- monitor Wilburn
The family attorney told 8News that both sides reached a partial settlement before their claims could be heard by a jury.
8News spoke with attorney Ryan Wind who often works on wrongful death cases. He says most of these cases come to a settlement agreement before heading to trial.
"A lot of times, this can give families closure when this last part is done. So that they can move on, that they're done with their claim," Wind said. "Obviously, the loss of a loved one is something that no family will ever truly get completely over. But at least this closes one chapter of it."
The Wilburn family attorney did not disclose a settlement amount.
"Just because you have sued for a certain amount -- in this case, $10 million -- that does not mean that you settle the case for $10 million in Virginia when you put a number on it, that's your ceiling," Wind said. "You can't get higher than that. But that doesn't mean that a settlement, obviously, almost all the time is going to be less than that because the defense would never pay the worst day and that would be their worst day."
A spokesperson from the university previously shared their support for the Wilburn family, students, staff and the athletic department.
8News reached out to the university for a comment on the settlement decision and did not hear back before the publication of this article.
The partial settlement is awaiting final approval by a judge. A hearing is set for November 2024.
“Wrongful death claims are always tough. You know, if you're representing the family, it's tough because there's nothing you can ever fully do to bring their loved one back. It's also tough for the defense because there's someone that's been tragically killed and you're trying to help defend a client against that. So, tensions are always high," Wind said.
