OrlandoSentinel.com
SeaWorld trainer's family hires lawyers
By Jason Garcia, Orlando Sentinel
10:10 PM EDT, August 24, 2010
The husband of the SeaWorld Orlando trainer who was drowned by one of the park's killer whales has hired a Chicago law firm that specializes in wrongful-death litigation.
The Chicago firm O'Connor & Nakos confirmed Tuesday that it is representing Scott Brancheau, the widowed husband of Dawn Brancheau, the 40-year-old SeaWorld trainer who was killed Feb. 24 by a six-ton killer whale named Tilikum.
It is the first public sign of a fissure between the Brancheau family and Orlando-based SeaWorld Parks & Entertainment. The parties appeared closely aligned in the immediate aftermath of the tragedy, with the Brancheau family issuing public statements through SeaWorld and the two sides battling together in court to prevent video images of the accident from being released publicly.
Dan O'Connor, a partner with O'Connor & Nakos, declined to discuss whether his firm will bring a suit against SeaWorld. The law firm says on its website that it represents "injured persons and their families in matters of wrongful death and severe personal injury" and lists scores of multimillion-dollar verdicts and settlements won on behalf of injured workers and other accident victims.
Any potential lawsuit gained ammunition Monday when the U.S. Occupational Safety and Health Administration cited SeaWorld with three workplace-safety violations following a six-month investigation of Dawn Brancheau's death.
The violations included one that OSHA deemed "willful" — its most severe category, reserved for businesses that OSHA says demonstrate "plain indifference to or intentional disregard for" worker safety — because the agency said SeaWorld routinely exposed its trainers to the threat of attacks from killer whales without adequate safeguards in place. OSHA proposed $75,000 in fines.
OSHA was especially critical of SeaWorld for allowing trainers to work in close contact with Tilikum, who is about twice as large as any other orca at SeaWorld Orlando and who was involved in a separate drowning of a trainer at a Canadian marine park nearly 20 years ago. OSHA said the orca had "known aggressive tendencies."
O'Connor said Scott Brancheau's lawyers are analyzing OSHA's materials.
"It's not every day that OSHA issues a willful citation for plain indifference or intentional disregard for human life," O'Connor said. "It is clear, after reviewing the willful finding, that more of the true facts will be brought out regarding the fatal attack upon Dawn."
Some ex-SeaWorld trainers and company supporters have said they think Dawn Brancheau erred by putting herself in too vulnerable a position with Tilikum. Brancheau was laying next to Tilikum on a ledge in a few inches of water when the animal grabbed her and pulled her underwater.
But O'Connor said Brancheau was following SeaWorld's safety protocols, which prohibited trainers from swimming with Tilikum but permitted them to work with the massive male orca from the shallow ledges along the sides of the park's orca tanks.
"It is important to Dawn's husband, Scott, that everyone know that Dawn was working within the customs, practices and procedures at SeaWorld at the time that she was attacked," O'Connor said.
SeaWorld said Tuesday it has been in "regular contact" with the Brancheau family since the Feb. 24 tragedy and that its relationship with the family remains amicable. The company said it continues to work with family members on a charitable fund organized in honor of Dawn Brancheau, providing office space and administrative support for a nephew of Brancheau's who is overseeing the fund.
"We have done everything in our power to support Scott Brancheau and other members of Dawn's family throughout this difficult time," SeaWorld spokesman Fred Jacobs said. "No lawsuit has been filed at this point, however, and it is our expectation that our relationship with Dawn's family will remain positive."
SeaWorld has already alerted OSHA that it will contest the agency's findings — including the "willful" violation designation — before the independent Occupational Safety and Health Review Commission. The company on Monday blasted OSHA's conclusions, saying they are "unsupported by any evidence or precedent and reflect a fundamental lack of understanding of the safety requirements associated with marine mammal care."
Jason Garcia can be reached at jrgarcia@orlandosentinel.com or 407-420-5414.
Copyright © 2010, Orlando Sentinel
0 comments:
Post a Comment