Secured affirmance from Florida’s Second District Court of Appeal of a complete defense verdict for Busch Gardens Tampa Bay in a premises liability action. Following a six-day jury trial, the plaintiff sought at least $2.8 million in damages, but the jury returned a defense verdict and awarded zero damages. The appellate court affirmed the trial court’s judgment on September 30, 2026, preserving the favorable result for the client.

🔗 Read the press release: LINK

🔗 Full appellate opinion: LINK

Candy Messersmith and Joseph Metzger obtained a favorable appellate ruling on behalf of Brandon Crossroads Bowl, Inc. and Boje Enterprises, Inc. before Florida’s Second District Court of Appeal.

The dram shop case arose from a 2014 motor vehicle accident involving patrons who had been drinking at Brandon Crossroads Bowl before leaving the premises.

The plaintiffs later sought to amend their complaint to change the identity of the alleged driver and assert new factual allegations concerning Brandon Crossroads’ knowledge of that individual’s alleged habitual alcohol use.

Brandon Crossroads argued that the amended claims introduced a new factual theory and did not relate back to the original complaint. The Second District agreed, concluding that the amendment relied on a different factual narrative and that allowing it years into the litigation would unfairly prejudice the defendants.

The court affirmed the judgment in favor of Brandon Crossroads.

Candy Messersmith and Joseph Metzger represented Brandon Crossroads Bowl, Inc. and Boje Enterprises, Inc. on appeal.

Read the full opinion: Sillaway v. Brandon Crossroads Bowl, Inc

Florida’s Second District Court of Appeal Reverses Judgment Against Busch Gardens

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.