ORLANDO, Fla. — A woman who claimed she was knocked out by a duck while riding SeaWorld’s Mako roller coaster earlier this year was not, in fact, hit by a duck, SeaWorld said in a court filing.
The park operator said Hillary Martin was hit by a Snowy Egret, a bird described by the Florida Fish & Wildlife Conservation Commission as a “small and active wading bird that can reach a height of 26 inches [that] commonly prefer shallow estuarine areas, including mangroves, shallow bays, saltmarsh pools, and tidal channels.”
“This matter does not and has never involved a duck,” SeaWorld’s attorney wrote.
Furthermore, the park said its investigation of Martin’s claims found she refused medical treatment because she did not want to be held up, and she wanted to continue enjoying her day at the park. They said she was treated for her bird strike the next day.
SeaWorld is now asking a judge to throw Martin’s lawsuit out, saying the park has no legal responsibility for the Egret’s actions since it had no control over the bird. Its filing cited several past legal cases involving birds and an alligator.
SeaWorld also swatted down Martin’s claim that the park created a “zone of risk” by building a roller coaster near a body of water where ducks — or Egrets — congregate, calling the accusation speculative and conjecture with no legal basis.
“The duck’s presence in the air, away from the alleged water source, negates any plausible relationship between Sea World’s premises and Plaintiff’s alleged injury,” SeaWorld’s attorney wrote. “Martin’s event, by its own description, could have occurred regardless of the presence or absence of any body of water within the park, and it still would not have been Sea World’s legal responsibility.”
SeaWorld said it alerted Martin’s attorney to its findings. A hearing has been scheduled for December 8.
Martin’s attorney did not respond to a request for comment.
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