Florida

Judge shoots down SeaWorld duck ‘knockout’ lawsuit

duck seaworld 2

ORANGE COUNTY, Fla. — A Florida woman’s fowl claim about her roller coaster ride at SeaWorld flew a little too high for an Orange County judge who dismissed her lawsuit Tuesday.

Hillary Martin claimed she was hit by a duck and knocked out while riding the park’s Mako roller coaster in March.

SeaWorld later confirmed Martin was hit – but by a wild snowy egret. The park also said she refused medical attention so she could continue enjoying the rides.

In his ruling, judge Brian Sandor said Martin could re-file her lawsuit within 20 days, but only if she was able to provide evidence SeaWorld owned or controlled the egret, or that the egret had been intentionally placed in the park by staff.

“The law of Florida does not require the owner or possessor of land to anticipate the presence of or to guard an invitee or trespasser against harm from wild animals,” appeals judges wrote in the 1986 case Palumbo v. State Game and Fresh Water Fish Com’n, which Sandor cited.

Martin’s injury did not appear in a list of incidents disclosed by SeaWorld in a mandatory quarterly filing. Her lawsuit demanded $50,000 from the park.

The condition of the egret is still unknown.

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