SeaWorld requests dismissal of case involving duck and roller coaster

A Florida resident claims she was struck in the face by a bird while riding the Mako roller coaster at SeaWorld Orlando and is pursuing $60,000 in damages, but the park is pushing for the case to be dismissed.

Hillary Martin, from Orange County, Florida, alleges that while riding the high-speed Mako coasterwhich reaches heights of 200 feet and speeds up to 73 mpha bird flew into her path, knocking her unconscious and causing injuries. In court documents, SeaWorlds attorneys clarified that the bird in question was a Snowy Egret, not a duck.

This matter does not and has never involved a duck, the parks legal team stated. Despite the type of bird, SeaWorld argues that it bears no legal responsibility for the actions of birds flying over or near the park and is requesting that the judge dismiss the lawsuit. A hearing is scheduled for December 8.

Martins complaint details alleged permanent injuries, physical and mental suffering, reduced ability to enjoy daily life, and aggravation of preexisting conditions. SeaWorld countered that Martin declined medical attention at the scene to continue enjoying the park, receiving care only the following day.

The lawsuit also claims that the parks coaster created a zone of danger for bird strikes due to its height and proximity to water frequented by local waterfowl. SeaWorld rejected this argument, stating that the birds presence away from the water breaks any link between the parks setup and the incident. The event could have occurred regardless of nearby water and does not constitute SeaWorlds legal responsibility, the response reads.

Author: Gavin Porter