WESH.com
Judge Orders Evidentiary Hearing In SeaWorld Lawsuit
Lawsuit Alleges SeaWorld Defamed 'Whistle-Blower'
Gabe Travers, WESH.com
POSTED: 2:59 pm EDT November 5, 2010
UPDATED: 3:05 pm EDT November 5, 2010
WINTER PARK, Fla. -- A judge has ordered an evidentiary hearing in a lawsuit filed against SeaWorld Orlando after the death of killer whale trainer Dawn Brancheau.
Brancheau was killed when an orca pulled her into a pool at Shamu Stadium.
Linda Simons, who was the director of health and safety at SeaWorld Orlando for about a week before Brancheau's death, filed a defamation lawsuit against the park.
Simons claims that SeaWorld manipulated an investigation by the Occupational Safety and Health Administration.
The lawsuit claims that Simons was assigned to be the liaison between SeaWorld and OSHA for the investigation and was told by SeaWorld to manipulate and withhold documents and make witnesses unavailable.
Simons claims she was later fired for telling investigators too much. SeaWorld said her release was due to poor performance.
In August, Simons took her concerns over the investigation to national television. The lawsuit alleges that SeaWorld then started a "massive public relations campaign to defame and slander" Simons.
SeaWorld filed a motion to dismiss the case. That motion was the subject of a hearing on Friday.
According to Simons' lawyer, the judge ordered that an evidentiary hearing be scheduled. At the hearing, witnesses from both sides would testify.
The lawyer estimated the hearing would take place in about three months.
A New Hampshire family who witnessed Brancheau's death has also filed a lawsuit against the park.
In addition, Brancheau's husband has hired a lawyer who specializes in wrongful death lawsuits. He has not filed a lawsuit.
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