USF player hoped to go to trial instead of having his insurance company pay in a civil case linked to a 2001 battery incident.
By PETE YOUNG
Published February 24, 2004
TAMPA - The drawn-out civil case against South Florida football player Lee Roy Selmon Jr. might end with a settlement despite the insistence of Selmon Jr. and his father, the USF athletic director, that it go to trial.
Hillsborough Circuit Judge Claudia Isom, in a ruling signed Monday, said Selmon Jr.'s insurance company must pay the sum it agreed to in June. Records indicate State Farm and attorneys for Clint H. Lowman reached a $7,500 settlement. Lowman sustained multiple broken facial bones when he was beaten by several people at an apartment complex party near campus on Sept.16, 2001.
Criminal charges against Selmon Jr. were dropped in 2002, and he can appeal Monday's ruling.
"We're looking at all of the legal options," said Selmon Jr.'s attorney, John Grant. "We wanted our opportunity to show a court and a jury this is an unfair and unfounded accusation."
After the civil settlement, the Selmons quickly filed a motion to set it aside and go to trial, claiming State Farm was instructed not to settle. State Farm, however, had a right to "settle any claim or suit (it) deemed appropriate even if its insured did not consent to said settlement," Isom said.
Isom listened to three hearings on the matter Oct.7, Dec.18 and Feb.9.
"The testimony of (the Selmons) as to their desire not to settle and proceed to trial was compelling," Isom said. "However ... the defendant has failed to prove clear and unequivocal evidence of mutual agreement to support oral modification (of the terms of the insurance contract)."
In the 31/2-hour hearing Dec.18, Selmon Sr. testified he specifically told State Farm his family would assume the defense if State Farm did not want to go to trial.
"(Selmon Jr.) didn't do anything wrong," Selmon Sr. said under direct examination. "And we have been paying a price for this ever since."
State Farm's involvement was unusual since Lowman has claimed an intentional tort by Selmon Jr., not negligence. State Farm used an attorney chosen by the Selmons, Bradley Powers.
In December 2002, Powers made a $2,500 settlement offer. Selmon Sr. said he allowed the offer because he was told by Powers it was a legal strategy, to "make an offer that they're not going to accept; and it will look good in a trial case."
The $2,500 sum was rejected again at a mediation in April 2003. In May, a punitive damages claim against Selmon Jr. was added. On June 3, Powers and State Farm claims adjuster Tangela Dupree reached the $7,500 agreement with Richard Hirsch, Lowman's attorney.
Selmon Jr., a defensive tackle, was arrested Oct.16, 2001, a month after the incident, for aggravated battery, and he was suspended from the team. In March 2002, after a review by Student Judicial Services, he was reinstated for spring practice.
A few days later the State Attorney's office dropped the criminal charges and subsequently charged two others with felony battery in the beating of Lowman.
USF offensive lineman Frank Davis reached a plea agreement last summer that reduced his charge to a misdemeanor and required his testimony against Patrick D. Farrow. Farrow, who is not affiliated with USF and has a lengthy arrest record, was found guilty of felony battery and sentenced to two years of community control followed by three years' probation.
Lowman, who has been arrested multiple times in Hillsborough County, now lives in Georgia. He collected $40,000 in May in a settlement with the Jefferson Commons apartment complex.
Selmon Jr., who turned 23 last week, graduated from USF and has one year of eligibility left.
BACK SOON: Selmon Sr.'s sabbatical from USF reached the six-week mark Monday.
"We continue to look at various options," USF vice president for advancement Michael Rierson said. "We are discussing a wide variety of options with Lee Roy. ... As of this moment, it doesn't have a timeline attached to it."
Selmon Sr. announced Jan.12 he was taking a leave because of a "private health matter." He said he intended to return to USF after six weeks but it was highly unlikely he would remain AD. It seems more unlikely considering he is discussing options with the administration. An announcement is expected in a few days.
