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SeaWorld Seeks Dismissal in Mako Bird-Strike Suit After Calling Bird a Snowy Egret

A Dec. 8 hearing will consider the park’s argument that Florida law shields property owners from the actions of wild animals.

Overview

  • An initial court conference on SeaWorld Orlando’s motion to dismiss is scheduled for Dec. 8.
  • Plaintiff Hillary Martin says a duck hit her face on the Mako roller coaster on March 24 and seeks more than $50,000 for alleged permanent injuries.
  • SeaWorld’s filing asserts its investigation identified the bird as a wild migratory snowy egret rather than a duck.
  • The park argues Florida premises liability law does not extend to harms caused by wild animals it did not possess, harbor, or introduce, and it asks for dismissal with prejudice.
  • SeaWorld notes Martin declined on-site medical transport, sought treatment the next day, and the incident was not reported to the state agriculture department, while Martin is requesting a jury trial.