Candy L. Messersmith
Candy Messersmith focuses her practice in the areas of insurance coverage and bad faith and appellate law. She represents clients in class action litigation and insurance claims involving automobile (personal and commercial), homeowners, excess/umbrella, commercial general liability, marine, and life insurance. Candy also has an appellate practice with appeals to all Florida Supreme Court, the Eleventh Circuit Court of Appeals and the United States Supreme Court.
Prior to joining RumbergerKirk, she clerked for Chief Justice Charles Wells of the Florida Supreme Court.
On July 14, 2023, the Second District Court of Appeal affirmed the trial court’s granting of Busch Gardens’ Motion for Final Summary Judgment. Busch Gardens allowed local fire departments to use its premises for training classes. Plaintiff claimed she was injured during a rescue training class on Congo River Rapids. The trial court entered Final Summary Judgment, 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. 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.
- Orange County Bar Association
University of Florida College of Law — J.D., high honors, 1999
Order of the Coif
Florida International University — B.A., Business Administration, magna cum laude, 1996
- Florida — 1999
- U.S. District Courts of Florida (Northern, Middle, Southern)
- U.S. Court of Appeals, 11th Circuit
- U.S. Supreme Court
- Florida Super Lawyers Rising Star, 2009
- Co-Host, "Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims," Legally Qualified Podcast, February 2023