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BRIAN LANDMANBut the family, which filed a wrongful death suit in 2002, has to go through the Legislature to get $1.8-million of the settlement.
After more than seven months of court-ordered talks, the parents ofDevaughn Darling reached a settlement in their wrongful death lawsuit against Florida State.
Darling's mother, Wendy Smith, and father, Dennis Darling Sr., stand to receive $2-million, according to an agreement approved Monday by a Tallahassee judge.
But Florida law caps damages to $100,000 per claimant, so they will have to petition the Legislature for the remaining $1.8-million.
"I can't call it a settlement; it's not completed," said Smith in a telephone interview from her Sugar Land, Texas, home.
She and her ex-husband have until Aug. 1 to file a claims bill for the Legislature to consider it during the 2005 session. FSU agreed to support their claim.
"It's sad that you have to keep living this thing over and over and over again," she said.
"It's heartbreaking. ... Talking to lawyers and dealing with this hasn't been easy. We hope it will finally come to something other than just on paper."
Neither FSU coach Bobby Bowden nor athletic director Dave Hart were available for comment on the presumptive ending of one of the more tragic moments in the football program's history.
Devaughn Darling, a promising freshman linebacker who was penciled in as a possible starter as a sophomore, collapsed and died after a strenuous offseason conditioning workout Feb. 26, 2001. He was 18.
Though an autopsy revealed no definite morphological cause of death, the medical examiner noted Darling carried the rare sickle cell trait, the presence of one abnormal hemoglobin gene.
The trait had been called a benign condition, but an increasing amount of research had linked it to sudden, unexpected death. His identical twin, Devard, also has the trait and FSU refused to clear him medically to resume his football career. He transferred to Washington State and, in October 2002, his parents filed their lawsuit.
After two stellar seasons at Washington State, Devard, a receiver, was taken by the Baltimore Ravens in the third round of this year's NFL draft.
The family contends the unexplained death of his twin and the questions that followed him for three years lowered his stock in a receiver-heavy draft.
Darling's cousin, Frank Rutherford, said if it had been up to him, he would have preferred the case go to trial where "more would have come out, more would have been said and people would have seen that Devaughn lost his life through pure negligence."
But the family hopes the settlement will carry the implication that FSU admitted some wrongdoing and that a "stain will be removed" from Devard.
Just as important, she and her family said the ultimate conclusion of the lawsuit should help all concerned move on with their lives and their plans.
The money will be used to help establish a youth sports foundation in the family's native Bahamas. Devaughn had written that on a list of what he wanted to do once he reached the NFL.
"In high school, (kids) write a legacy," Wendy Smith said. "I'm looking at this as his will; his testimony of things he wanted to do when he made it in life. So, I would want to carry out those desires with whatever financially we do get from his death."
After the NFL draft, Devard announced he would kick off that project, naming it the As One Foundation to symbolize his and Devaughn's hearts continuing to beat as one.
In addition to the $2-million, FSU will place a memorial to Devaughn Darling in its athletic building, maintain a scholarship endowment in his name, make replicas of the 2000 ACC championship ring and 2001 Orange Bowl ring for Dennis Darling Sr. and provide duplicates of photographs and video of Darling's playing time to the family.
"It's been a very long and rigorous process," said Monique Smith, Darling's sister.
"We're glad it's over, but it's still not over. There's still another leg to go."