In a twist to the ongoing legal tussle at SeaWorld Orlando, the theme park asserts that the woman who filed a lawsuit after stating she was hit by a duck on a roller coaster was actually struck by another type of bird. Citing new findings, SeaWorld's recent court filing claims Hillary Martin collided not with a duck but a snowy egret while riding the Mako coaster, as WFTV reported.
Plaintiff Martin refused medical attention following the incident, preferring to continue her visit in the park. This detail was provided by SeaWorld in court documents, indicating that medical treatment was not sought by Martin until the following day after the purported bird encounter. As per the court filing quoted by FOX 35 Orlando, SeaWorld contends it cannot be held liable for "a wild animal’s actions."
The incident led Martin to allege that the park had created a "zone of risk" by situating a high-speed roller coaster in proximity to a body of water frequented by birds. However, SeaWorld's lawyers have labeled this claim as speculative, indicating that Martin's injury could have occurred regardless of any nearby water, and thus, responsibility should not fall onto SeaWorld's shoulders. The argument presented in SeaWorld's legal documents was sourced from WFTV's coverage of the case.
In her original complaint against SeaWorld, Martin claimed that she was knocked unconscious by a duck's impact on March 24 while on the Mako coaster. She accuses the park of failing to provide a safe environment and alleges that she has suffered permanent injuries, including mental and physical pain. Despite the serious nature of these claims, SeaWorld maintains that their guest's safety is of utmost importance and that they are treating the situation with gravity, as reported by FOX 35 Orlando.
The anticipated hearing for SeaWorld's motion to dismiss the lawsuit is set for December 8, providing a next step in this unusual case. Both parties are currently awaiting this date to determine whether the case will proceed further in court.
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