Eckis, age 22, was a full-time employee of Sea World, an amusement park. Eckis served as secretary
Question:
Eckis, age 22, was a full-time employee of Sea World, an amusement park. Eckis served as secretary for Burgess, the director of animal training. Eckis, who was an excellent swimmer, had worked as a model. When Burgess asked her to ride “Shamu, the Killer Whale” in a bikini for some publicity pictures, she eagerly agreed. Burgess knew Shamu was conditioned to being ridden only by persons wearing wet suits and had attacked riders in bathing suits. Eckis was warned in general terms of the danger, and she fell off during one practice session while wearing a wet suit. When a trainer told Eckis he would not watch her ride Shamu “because it was really dangerous,” Burgess reassured Eckis, and she rode Shamu three different times. Each time she wore a bikini instead of a wet suit. During the second ride, Shamu’s tail was fluttering, indicating that the whale was upset. During the third ride, Eckis fell off and Shamu bit her on her legs and hips and held her in the tank until she was rescued. As an employee, Eckis qualified for modest workers’ compensation payments but had no other insurance benefits. Therefore, she sued for more money in a civil action. She claimed that the employer was negligent, had defrauded her, and was liable for the acts of an animal with dangerous tendencies. The jury awarded Eckis damages of $75,000. Sea World appealed. Was workers’ compensation Eckis’s only remedy? (Eckis v. Sea World Corporation, 64 Cal. App. 3d 1)
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