RumbergerKirk attorneys Candy Messersmith, Carie Hall and Rob Blank won the appeal of Heather Bennett v. SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens in the Second District Court of Appeal on July 14, 2023. The appellate court 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.  Busch Gardens will be seeking an award of its fees and costs.