TAMPA — A Hillsborough County jury has awarded more than $8.15 million to the family of a minor injured at Busch Gardens Tampa Bay, following a lawsuit alleging negligence by the amusement park.
The verdict, delivered after the plaintiffs rejected a $40,000 pre-trial settlement offer, holds Busch Gardens significantly responsible for the minor's lifelong medical challenges.
The incident occurred in September 2022 during the park’s annual Howl-O-Scream event.
According to court documents, the child gained access to the Stanleyville Theater stage, where an unattended trampoline was located. He fell, suffering severe injuries, including a lacerated chin, liver, and right kidney.
"As a direct and proximate result of the of the negligence of the Defendant...negligence as alleged above, Plaintiff...was injured in and about his body and extremities; incurred medical expenses for the treatment of said injuries; incurred pain and suffering of both a physical and mental nature; incurred a permanent injury to the body as a whole; incurred loss of ability to lead and enjoy a normal life, all of which are either permanent or continuing in nature and the Plaintiff, will sustain said loss in the future," the complaint states.
The damage led to the loss of kidney function, requiring lifelong renal protective measures.
Attorneys from Morgan & Morgan, including Paul Fulmer, Grant Gillenwater, Bora Kayan and Megan Tiralosi, represented the plaintiff’s family.
In a provided statement, firm founder John Morgan and attorney Fulmer highlighted the long-term impact of the injuries.
“A young child will now have to endure renal protective measures for the rest of his life, limiting what he can eat, what sports he can play, and what medications he can take,” Morgan and Fulmer said in the provided statement. “We are glad the jury was able to recognize the amusement park’s role in causing our client’s lifelong injuries and provided him with the justice he deserves.”
The jury found Busch Gardens 65% responsible for the injuries, assigning 25% fault to the child and 10% to Asmaa Abougamal, the parent of the minor child.
Court records show the breakdown of damages includes $154,350.75 for future medical expenses and $8 million for pain, suffering, and loss of enjoyment of life—split equally between past and future suffering.
The case was heard in the 13th Judicial Circuit of Hillsborough County, presided over by Judge Melissa M. Polo. Busch Gardens was defended by attorneys Robert Blank, Carie Hall and Passion Wells of RumbergerKirk.
The lawsuit alleged the theme park failed to properly secure the theater area, allowing the child to access the hazardous equipment unsupervised.
"At said time and place, Defendant...breached the duty owed to the Plaintiff...by committing one or more of the following omissions or commissions: a. Negligently failed to maintain or adequately maintain the stage area; b. Negligently failed to inspect and close off access to the stage; c. Negligently failed to secure the area; and, d. Negligently failed to warn the public about of the danger of the open stage area when the Defendant...had, or should have had, knowledge greater than that of the Plaintiff, and/or a duty to correct a dangerous condition about which Defendant either knew or should have known, by the use of reasonable care," the complaint states.
Due to comparative negligence, the final judgment awards the plaintiffs $5.3 million after adjustments.
Thirteenth Judicial Circuit Court for Hillsborough County, Florida case number: 2023-CA-002175