Cases
Notable Cases: Bauguess v. SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens: A Hillsborough County jury returned a defense verdict in favor of Busch Gardens after a five day trial. Plaintiff alleged she slipped on a metal drain cover on a wet walkway during rain. Plaintiff claimed injuries to her shoulder, elbow, wrist
knee, with four surgeries since the accident
a life care plan seeking future medical expenses for the rest of her life. Plaintiff's attorney asked the jury to award $4,015,620.95 (past medicals expenses of $16,020.95, future medical expenses of $108,720, past pain
suffering of $386,880
future pain
suffering of $3,504,000). The jury awarded zero, finding no negligence by Busch Gardens.
Primus v. Sea World Parks & Entertainment LLC d/b/a Busch Gardens: A Hillsborough County jury returned a defense verdict in favor of Busch Gardens after a six day trial led by attorneys Rob Blank
Carie Hall. Plaintiff alleged she tripped over a raised expansion joint on a walkway. She alleged multiple injuries including a fractured wrist
elbow, as well as neck
back injuries with a future recommendation for back surgery
a significant life care plan. Plaintiff's attorney asked the jury to award a minimum of $2,820,267. The jury awarded zero, finding no negligence by Busch Gardens. Associates Renee Duffy
Gabriele Bodanza assisted with the trial. Busch Gardens is moving for its attorneys' fees
costs based on Plaintiff's rejection of its proposal for settlement.
Belle v. Sea World Parks & Entertainment LLC d/b/a Busch Gardens: 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
Carie Hall, along with associate Passion Wells
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
costs based on Plaintiff's rejection of its proposal for settlement.
Roos v. Sea World Parks & Entertainment LLC d/b/a Busch Gardens: Plaintiff Shelly Roos alleged back, neck
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.
Harlan v. Sea World Parks & Entertainment LLC d/b/a Busch Gardens: Plaintiff Julie Harlan alleged she broke her h
on a netted bridge in the Sesame Street Safari of Fun area at Busch Gardens. She contended that she caught her right h
on the netting when other guests began running across
/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
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,
Plaintiff failed to prove any negligence. After 37 minutes of deliberations, the jury returned a defense verdict.
Terry Hillman v. WCI Communities, LLC: Plaintiff was an employee of a security company injured during the course
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
, therefore, was entitled to workers' compensation immunity.
Heather Bennett v. SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens: 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
volunteer of the rescue company conducting the class,
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.
Susan Davis v. Sea World of Florida, LLC: 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
shoulder injury from a fall, with $420,758.40 in past medical expenses
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,
after three
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
costs, Sea World will be seeking an award of its fees
costs for both the trial
the appeal.
Alisa R. Kenney v. SeaWorld Parks & Entertainment LLC: Attorneys Rob Blank
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
an aggravation of a preexisting back injury when she fell exiting the SheiKra roller coaster. Blank
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
costs from Plaintiff.
Glenda Torres Perez v. Sea World of Florida LLC.: Attorneys Rob Blank
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
Hall represented the Sea World park located in Orl
o, Florida in the case styled Glenda Torres Perez v. Sea World of Florida LLC. The plaintiff claimed she fractured her ankle
injured her back going down the stairs in the Manta rollercoaster queue line. Blank
Hall proved there was no defect in the stairs, no problem with the lighting in the staircase
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
costs from Plaintiff.
Estrada v. Sea World of Florida LLC d/b/a Sea World: Attorneys Rob Blank
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
Hall represented the Sea World park located in Orl
o, 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
that the floor of the aquarium exceeded slip resistance st
ards. The jury found no negligence, returning a verdict in Sea World's favor.
Ramos-Lopez v. SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens: Attorneys Rob Blank
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
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
denied the back
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
$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
suffering
$1 for future pain
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.
Castro-Socas v. SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens: Attorneys Rob Blank
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
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
cut his left cheek. Busch Gardens denied the Tidal Wave ride is unsafe
demonstrated that it provided adequate
appropriate written
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,
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.
