SeaWorld wants lawsuit of duck hitting park-goer dismissed SeaWorld wants lawsuit of duck hitting park-goer dismissed

SeaWorld filed a motion to dismiss the lawsuit in Orange County last month. In the motion, the company said Hillary Martin was hit by a snowy egret, a wild migratory bird, on the day she said she was injured by a duck on its Mako coaster. SeaWorld said it wants the lawsuit dismissed because it cannot be legally held responsible for “a wild animal’s actions.”

ORLANDO, Fla. – A woman who filed a lawsuit against SeaWorld after she said she hit in the face by a duck while riding one of the park’s roller coaster was struck by another bird, not a duck, SeaWorld said in a recent court filing.

What we know:

SeaWorld filed a motion to dismiss the lawsuit in Orange County last month. In the motion, the company said Hillary Martin was hit by a snowy egret, a wild migratory bird, on the day she said she was injured by a duck on its Mako coaster.

Martin also refused medical transport because she “wanted to keep going in the park and did not want to be held up any longer,” SeaWorld said in the filing. SeaWorld said Martin didn’t seek medical treatment until the day after her visit to the park. 

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SeaWorld said it wants the lawsuit dismissed because it cannot be legally held responsible for “a wild animal’s actions.” 

The company also argued against Martin’s claim in her lawsuit that the park created a “zone of risk” by having a high-speed coaster near a body of water. 

“Martin’s event, by its own description, could have occurred regardless of the presence of any body of water within the park and it still would not have been Sea World’s legal responsibility,” the filing said. 

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The initial lawsuit against SeaWorld

Martin filed a complaint against SeaWorld on Oct. 27. In the complaint, Martin said she was knocked unconscious after a duck hit her in the face while she was riding the Mako coaster on March 24. 

The lawsuit said that SeaWorld failed to “maintain the premises in a reasonably safe condition by negligently failing to correct a dangerous situation” that the park “either knew or should have known” about. 

Martin suffered permanent injuries that included both mental and physical “pain and suffering.” 

In response to the lawsuit, SeaWorld issued a statement.

“The safety of our guests and employees is a top priority, and we take these situations seriously,” SeaWorld said.” We will not be commenting beyond that as this is pending litigation.”

What’s next:

A hearing for the motion to dismiss is scheduled for Dec. 8, according to court records.

The Source: This article was written based on information from Orange County court records and previous FOX 35 reporting.

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