Eckis

Defendants Sea World and Kent Burgess have appealed from a judgment entered on a jury verdict awarding Anne E. Eckis $75,000 in compensatory damages. Plaintiff had sought both compensatory and punitive damages for personal injuries she sustained while riding “Shamu the Whale,” framing her complaint on three theories: fraud, negligence, and liability for an animal with vicious or dangerous propensities. Before the case was submitted to the jury, the trial court denied Sea World’s motion for a nonsuit on the fraud cause of action. Later its motions for judgment notwithstanding the verdict and for a new trial were also denied.

At the outset, it is significant to point out that the case has previously been before us for a limited purpose unrelated to the issues raised by the appeal. The day plaintiff filed her action in the superior court (Apr. 18, 1972) she also filed an application for benefits with the Workers’ Compensation Appeals Board (WCAB). Sea World moved for summary judgment in the superior court action, contending plaintiff was an employee and that her exclusive remedy was with the WCAB. When the superior court denied its motion for summary judgment, Sea World…