David Shelton and Candy Messersmith obtained a favorable appellate ruling on behalf of SeaWorld Parks & Entertainment LLC, doing business as Busch Gardens Tampa Bay, before Florida’s Second District Court of Appeal.

The premises-liability case arose from an incident during Busch Gardens’ Howl-O-Scream event in which a minor entered a performance stage and climbed onto a professional circus trampoline before being injured. At trial, the jury awarded more than $8.1 million in damages.

Busch Gardens argued that the minor’s status as a business invitee changed when he entered areas outside those intended for park guests. The Second District agreed, concluding that Busch Gardens had not breached the duty of care applicable under the circumstances.

The court reversed the damages judgment, reversed the related award of attorney’s fees and costs, and remanded the case with instructions to enter judgment in favor of Busch Gardens.

“Given the facts presented at trial, we are pleased that the Second District Court of Appeal reversed the trial court’s judgments and directed entry of judgment in favor of Busch Gardens. We believe the decision reflects a common-sense application of Florida law to these circumstances,” David said.

The case was tried by Robert Blank, Carie Hall and Passion Wells. David Shelton and Candy Messersmith represented Busch Gardens on appeal.