RomanR/Shutterstock.comBusch Gardens Patron Trying to Get Out of Rain Hit by Descending Steel Bar
A woman claimed a disc injury after being hit by a descending tarp when she ran into a shop during a rain storm.
June 04, 2020 at 04:54 PM
1 minute read
PREMISES LIABILITY
HILLSBOROUGH CIRCUIT COURT
A jury split liability between the Busch Gardens theme park and a patron after the woman was hit by an employee-activated rain tarp.
Rose Olivella, 34 at the time of the August 2015 incident, was running into a shop in a rain shower when a worker activated an automatic rain tarp and a steel bar struck her head. She claimed an intervertebral disc injury, residual pain and a continuing need for chiropractic treatment.
Busch Gardens contended Olivella was hurt when she attempted to run under the descending tarp. The jury found the parties were equally to blame, so its award of $191,168 was halved to $95,584.
Case: Olivella v. Seaworld Parks and Entertainment
Case No.: 17-CA-003381
Plaintiffs attorneys: James R. Wilson, Tampa, and Peter W. van den Boom, Lakeland, Morgan & Morgan
Defense attorneys: Robert L. Blank and Carie L. Hall, Rumberger, Kirk & Caldwell, Tampa
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