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ARTICLE ID 195228

$________ Amusement park negligence – Plaintiff struck with steel barrel – Claimed lumbar disc herniations with surgery.

Hillsborough County, FL

The plaintiff claimed that he was injured when an actor negligently pushed a steel barrel into his leg while performing a scare at Howl-O-Scream at the defendant’s, Busch Gardens. The defendant denied that its actor was negligent, and maintained that the incident did not cause the injuries alleged by the plaintiff.

Howl-O-Scream is an annual Halloween event, during which the defendant employs people dressed up as creatures to scare visitors and create a frightening theme. The plaintiff claimed that one of the actors in this role caused a steel barrel to strike him in the leg.

The plaintiff claimed injury to his left leg and neck, as well as lumbar disc herniations, as a result of the incident. He underwent a percutaneous discectomy at L2-L3 and transpedicular discectomies at L4-L5 and L5-S1.

Witnesses, including a Tampa Police officer, testified that the plaintiff did not fall to the ground, and did not appear injured after the barrel contacted his left shin. The defendant argued that the plaintiff, at most, sustained a contusion to his shin as a result of the incident. The defendant’s neurosurgeon testified that the plaintiff’s neck and back complaints were not caused by the incident.The jury awarded the plaintiff $________ in damages, comprised of $________ in past medical expenses, $1 for past pain and suffering, and $1 for future pain and suffering. The defendant has moved for its attorney fees pursuant to a $________ proposal for settlement.

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