Sea World Corp. v. Superior Court

Proceeding in prohibition restraining further proceedings in a personal injury action pending before the respondent superior court. Writ denied.

Sea World Corporation (Sea World) seeks a writ of prohibition to prevent the Superior Court in and for the County of San Diego from proceeding with the trial of action No. 332674, in which the real party in interest here, Anne E. Eckis (Eckis), as plaintiff, asks for damages against Sea World.

Eckis suffered physical injury of undetermined character and extent as the result of having bestridden a killer-whale owned by Sea World, an action she took at the request of Sea World, made through her supervisor at a time when she was employed as a secretary by Sea World.

On April 18, 1972, the day on which the superior court action was filed, Eckis filed an application for benefits with the Workmen’s Compensation Appeals Board (WCAB), in which she stated the injury arose out of and in the course of her employment by Sea World, that she had been paid some compensation benefits from and had received all medical care from the employer’s insurance carrier.

Her complaint in the superior court alleged negligence on the part of Sea World,…