SeaWorld loses appeal in death by killer whale

A federal appeals court has upheld a regulatory safety finding against SeaWorld in the drowning of a trainer at the theme park who was pulled under by a killer whale.

In a 2-1 decision, the appeals court says SeaWorld’s challenge to the finding is unpersuasive and that the Occupational Safety and Health Review Commission is correct in finding that the SeaWorld park in Orlando, Fla., had violated a federal workplace safety law.

The court says SeaWorld had exposed trainers to recognized hazards when working in close contact with killer whales during performances.