Firm News

Sixth DCA Affirms Sea World Defense Verdict

Sixth DCA Affirms Sea World Defense Verdict

RumbergerKirk attorneys Candy Messersmith, Rob Blank and Carie Hall won the appeal of Susan Davis v. Sea World of Florida, LLC in the Sixth District Court of Appeal on July 3, 2023. The appellate court affirmed the trial court’s denial of Plaintiff’s Motion for New Trial. Plaintiff’s counsel argued several different grounds to attempt to convince the appellate court to reverse the trial court’s decision, but the Sixth District rejected all of them, issuing a per curiam affirmance without an opinion.

During the ten-day trial in the fall of 2021, Plaintiff claimed she suffered brain and spine injuries in a fall, with $420,758.40 in past medical expenses and a life care plan totaling $1,037,137.78 for future medical care. In closing argument, Plaintiff’s counsel asked the jury to award $10,449,890.93.  On November 5, 2021, after three and a half hours of deliberations, the jury rendered a defense verdict finding that Sea World of Florida was not liable for the accident. Having already received an order entitling it to attorneys’ fees and costs, Sea World will be seeking an award of its fees and costs for both the trial and the appeal.