ORANGE COUNTY, Fla. – SeaWorld Orlando has asked a judge to dismiss a lawsuit filed in October by a guest who claimed she was maimed by a duck while riding a roller coaster earlier this year.

The rider, Hillary Martin, claims she was injured by a duck while riding Mako in March, with her lawsuit stating she suffered permanent injuries and seeks more than $50,000 in damages

Martin’s lawsuit accuses SeaWorld Orlando of “creating a zone of danger” due to Mako’s speed and close proximity to a body of water, what she claims increased the risk of bird strikes.

[WATCH BELOW: Rider maimed by duck on roller coaster at SeaWorld Orlando, lawsuit says]

SeaWorld Orlando responded within several weeks, filing a motion to dismiss Martin’s lawsuit on Nov. 19, stating that Martin actually encountered

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