RumbergerKirk Secures Another Appellate Victory for Busch Gardens Tampa Bay
RumbergerKirk Secures Another Appellate Victory for Busch Gardens Tampa Bay
Florida’s Second District Court of Appeal affirms defense judgment in premises liability case involving a $2.8 million damages request.
RumbergerKirk appellate attorneys David Shelton and Candy Messersmith have secured another appellate victory on behalf of SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens Tampa Bay. On September 30, 2026, Florida’s Second District Court of Appeal affirmed the trial court’s judgment in favor of Busch Gardens in Primus v. SeaWorld Parks & Entertainment, LLC d/b/a Busch Gardens Tampa Bay, Case No. 2D2025-2007.
The decision upholds a defense verdict in a premises liability case arising from an alleged trip-and-fall incident at Busch Gardens. During the six-day jury trial in May 2025, the plaintiff’s counsel requested a minimum damages award of $2,820,267. The jury instead returned a complete defense verdict, awarding the plaintiff zero damages.
Following the trial, the plaintiff appealed. Shelton presented oral argument on behalf of Busch Gardens before the Second District Court of Appeal. Just two weeks later, the appellate court issued a per curiam affirmance, leaving the defense judgment intact.
The September 30 ruling marks another successful appellate result for Shelton and Messersmith on behalf of Busch Gardens. On September 11, 2026, the firm also announced their successful appeal in a separate premises liability case, in which the Second District reversed an $8.1 million damages judgment and directed entry of judgment in favor of Busch Gardens.
The Primus victory reflects a coordinated effort between RumbergerKirk’s trial and appellate teams, from preparing and presenting the original defense through successfully defending the judgment on appeal.
The trial team included Rob Blank, Carie Hall, Susan McClugage, Renee Duffy, Meredith Fee, Jessica Romanies, Mark Creek, Latoya Moody, Denise Kaveliski, and Kimberlynn Gonzalez,.
RumbergerKirk congratulates Shelton, Messersmith and the entire trial team on this successful outcome and their continued commitment to representing the firm’s clients at every stage of litigation.
Read the September 30, 2026, appellate opinion: LINK
About RumbergerKirk
RumbergerKirk is a litigation-focused law firm representing businesses and institutions in complex litigation, appellate matters and a broad range of legal disputes. With offices in Orlando, Tampa, Miami, Tallahassee and Birmingham, the firm serves clients across Florida, Alabama and beyond.
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