Rob Blank And Carie Hall Win Final Summary Judgment In Howl-O-Scream Case

10.11.12

Rumberger Kirk & Caldwell attorneys Rob Blank and Carie Hall represented Defendant SeaWorld Parks & Entertainment LLC (“SeaWorld”) in a personal injury lawsuit. While visiting Howl-O-Scream at Busch Gardens, Plaintiff Naomi Surface tripped over curbing and fell, suffering an injury. Plaintiff claimed (1) the curbing was a dangerous condition, and (2) the lighting was insufficient.

Blank argued the curb was open and obvious. Because Florida courts have held that sidewalk curbing is not a dangerous condition as a matter of law, and because it was obvious this Halloween-themed event would not be brightly lit, Blank contended the Court should enter a final summary judgment in favor of SeaWorld. Hillsborough County Circuit Court Judge Robert Foster agreed, granting SeaWorld's Motion for Final Summary Judgment and entering a Final Judgment in favor of SeaWorld. SeaWorld’s Motion for Fees and Costs is pending.