RumbergerKirk attorneys obtained a defense verdict in a theme park accident case in Hillsborough County, Florida in October 2023. In the case styled Belle v. Sea World Parks & Entertainment LLC d/b/a Busch Gardens, Plaintiff claimed foot injuries resulting in two surgeries due to a door on the Skyride shutting twice on her leg on July 14, 2018.

Plaintiff’s counsel asked the jury to award just under $1.5 million in damages. The trial team of partners Rob Blank and Carie Hall, along with associate Passion Wells and paralegal Susan McClugage, convinced the jury there was no negligence on the part of Busch Gardens or its employee.  Busch Gardens has moved for its attorneys’ fees and costs based on Plaintiff’s rejection of its proposal for settlement.

Plaintiff Shelly Roos alleged back, neck and shoulder injuries after a 50-pound, six-foot sunglass display fell on her while inside a gift shop during a storm. Plaintiff’s counsel asked the jury to award $492,334.02 in closing argument. After 50 minutes of deliberations, the jury returned a defense verdict in the Hillsborough County Circuit Court case.

Plaintiff Julie Harlan alleged she broke her hand on a netted bridge in the Sesame Street Safari of Fun area at Busch Gardens. She contended that she caught her right hand on the netting when other guests began running across and/or were roughhousing on a netted ramp. She had an open reduction internal fixation of her right fourth metacarpal, allegedly impacting her ability to teach and perform ballet.  Plaintiff asked the jury to award a total of $506,480.38 in damages.  Busch Gardens proved there was nothing wrong with the attraction or the operation of the attraction, and Plaintiff failed to prove any negligence.  After 37 minutes of deliberations, the jury returned a defense verdict.

Plaintiff was an employee of a security company injured during the course and scope of his duties. The court entered Final Summary Judgment on July 14, 2022, agreeing with Defense, that WCI could not be held liable for the injuries to an employee of an independent contractor because WCI was a passive non-participant that exercised no control over the security services at the construction entrance. The judge determined WCI was a statutory employer and, therefore, was entitled to workers’ compensation immunity.

Plaintiff claims she was injured during a rescue training class on the Congo River Rapids. The Court entered Final Summary Judgment on June 29, 2022, finding Busch Gardens is entitled to enforce the rescue company’s liability waiver as both an agent and volunteer of the rescue company conducting the class, and also finding Busch Gardens did not breach any duty owed to Plaintiff.

On July 14, 2023, the Second District Court of Appeal affirmed the trial court’s granting of Busch Gardens’ Motion for Final Summary Judgment. Plaintiff argued several different grounds to attempt to convince the appellate court to reverse the trial court’s decision, but the Second District rejected all of them, issuing a per curiam affirmance without an opinion.

The Sixth District Court of Appeal affirmed the trial court’s denial of Plaintiff’s Motion for New Trial on July 3, 2023. 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 a traumatic brain injury, C1 fracture, C2 fracture, C5-6 fusion, lower back injury and shoulder injury from 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. The defense proved there was no defect in the flooring surface, and after three and a half hours of deliberations, the jury found no negligence, returning a verdict in Sea World’s favor on November 5, 2021.

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.

Attorneys Rob Blank and Carie Hall of the firm’s Tampa office obtained a defense verdict for Busch Gardens in Hillsborough County, Florida in the case styled Alisa R. Kenney v. SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens Tampa. Plaintiff claimed she received a laceration to her foot resulting in a nerve injury and an aggravation of a preexisting back injury when she fell exiting the SheiKra roller coaster. Blank and Hall proved there was no defect in the design of the exit area at SheiKra. The jury found no negligence, returning a verdict in Busch Gardens’ favor on December 1, 2017. Busch Gardens will be pursuing its fees and costs from Plaintiff.

Attorneys Rob Blank and Carie Hall of the firm’s Tampa office obtained a defense verdict in a negligence case in Orange County, Florida in October of 2017. Blank and Hall represented the Sea World park located in Orlando, Florida in the case styled Glenda Torres Perez v. Sea World of Florida LLC. The plaintiff claimed she fractured her ankle and injured her back going down the stairs in the Manta rollercoaster queue line. Blank and Hall proved there was no defect in the stairs, no problem with the lighting in the staircase and nothing wrong with the procedures for operating the queue at Manta. The jury found no negligence, returning a verdict in Sea World’s favor on October 27, 2017. Sea World will be pursuing its fees and costs from Plaintiff.

Attorneys Rob Blank and Carie Hall of the firm’s Tampa office obtained a defense verdict in a negligence case in Orange County, Florida in January of 2015. Blank and Hall represented the Sea World park located in Orlando, Florida in the case styled Hope Estrada v. Sea World of Florida LLC d/b/a Sea World. The plaintiff claimed she was injured when she slipped on green slime in the Manta Aquarium while on a field trip with her son’s school. Sea World proved there was no green slime on the floor and that the floor of the aquarium exceeded slip resistance standards. The jury found no negligence, returning a verdict in Sea World’s favor.

Attorneys Rob Blank and Carie Hall of the firm’s Tampa office obtained a favorable verdict in a negligence case in Hillsborough County, Florida in April of 2014. Blank and Hall represented Busch Gardens, a theme park located in Tampa, in the case styled Rafael Ramos-Lopez v. SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens. The plaintiff claimed he was injured when an actor struck him in the leg with a steel barrel while performing a scare at Howl-O-Scream, a Halloween-themed event. Busch Gardens denied the actor was negligent and denied the back and neck injuries claimed by the plaintiff were caused by the accident. The jury originally returned a verdict for plaintiff for only $274, which represented approximately 25% of the bill for his emergency room visit the night of the accident, despite a two-level back surgery and $130,274.46 in claimed medical expenses.  When instructed by the judge that they needed to also award some amount of non-economic damages, the jury determined plaintiff was only entitled to $1 for past pain and suffering and $1 for future pain and suffering, making the total verdict $276.  Busch Gardens has moved for its attorneys’ fees pursuant to plaintiff’s rejection of Busch Gardens’ $10,000 proposal for settlement.

Attorneys Rob Blank and Carie Hall, of the firm’s Tampa office, obtained a mid-trial dismissal with prejudice in a negligence case in Hillsborough County, Florida in August of 2013. Blank and Hall represented Busch Gardens, a theme park located in Tampa, in a case in which the plaintiff alleged her minor son was injured on the Tanganyika Tidal Wave ride when he leaned outside the boat and cut his left cheek. Busch Gardens denied the Tidal Wave ride is unsafe and demonstrated that it provided adequate and appropriate written and verbal warnings to guests to remain sitting upright with their bodies inside the boat. The minor plaintiff failed to obey these warnings when he leaned his head over the side of the boat, and plaintiff was negligent for her failure to properly supervise her minor son while she was sitting next to him on the ride when he was injured. Plaintiffs dismissed the case with prejudice in the middle of trial.