Marc Buoniconti and his family have decided to drop their bid for a new trial in their failed lawsuit against The Citadel’s football team doctor, their attorney said.
A Charleston (S.C.) County jury decided July 14 after a 5-week trial that Dr. E.K. Wallace Jr. was not negligent in his advice and treatment of Buoniconti before the 21-year-old son of former Miami Dolphins linebacker Nick Buoniconti suffered a paralyzing injury making a tackle in a game on Oct. 26, 1985.
In September, Buoniconti’s request for a new trial had been denied by 1st Circuit Judge John Hamilton Smith, the original trial judge. The family then filed a notice of appeal to the state Supreme Court.
The consent order of dismissal said Buoniconti agreed to abandon his appeal and that Wallace agreed to waive his right to recover any costs in the Supreme Court or in the trial court.