Attorney: Universal Stardust Racers coaster had history of complaints before man died
Published in News & Features
ORLANDO, Fla. — Attorney Ben Crump and the family of Kevin Rodriguez Zavala on Tuesday angrily accused theme park giant Universal Studios Orlando of ignoring complaints from riders about the safety and lack of restraints on its new fast-paced rollercoaster Stardust Racers at Epic Universe.
“We believe that there is something wrong with the design of this ride,” Crump said. “They tried to blame the victims. They didn’t want to say, ‘Well, maybe we have to go back and critically assess the design of this ride.’”
Zavala lost consciousness while riding Stardust Racers with his girlfriend on Sept. 17 and later died. The Orange County medical examiner ruled the death as accidental and the result of “multiple blunt impact injuries.”
Universal President Karen Irwin released a memo days after Zavala’s death stating the ride “functioned as intended” and park employees correctly followed procedures.
But Crump said the Zavala family is distraught to learn that previous riders complained about the rollercoaster, which reaches speeds of up to 62 mph and rises 133 feet.
“Multiple riders have come forward and reported their own injuries (to the theme park),” Crump said while surrounded by his legal team and Zavala’s family. “There were problems with restraints, riders being thrown forward. This shows that Kevin’s case was not an isolated incident.”
Universal officials did not respond in time to Crump and his attorneys claims.
Stardust Racers has since remained closed as investigations and reviews by state inspectors, the Orange County Sheriff’s Office and the theme park are conducted.
Zavala’s father, Carlos Rodriguez Ortiz, said Universal has not contacted him or his family since his son’s death.
“I haven’t received any phone calls, emails, texts (from Universal),” Ortiz said. “It’s like nothing happened to them. But it happened to us. … And I need some answers.”
Attorney Paul Grimke, of Crump’s legal team, said Universal has agreed to allow his investigators into the park to inspect the ride.
But he said the theme park has declined to provide Grimke and other attorneys video footage from surveillance cameras placed along the nearly mile-long track route that could show when Zavala hit his head and lost consciousness.
Attorney Natalie Jackson said Zavala’s girlfriend and witnesses said Zavala was fully conscious at the start of the ride.
“But it was at the first dip that he lurched forward and hit head,” she said. “And from then on, it was a back and forth of hitting his head.”
Jackson pointed out Zavala had “lacerations.” Crump added Zavala was slumped over “the metal bar” and “there was blood” when the ride finished.
“It was a chaotic scene,” Crump said. “It was absolutely horrific.”
Crump said his office has received “multiple” reports of other riders being hurt on Stardust Racers since it opened to the public on May 22.
As an example, he cited a Sanford woman recently who recently sued Universal, claiming that she suffered whiplash, severe headaches and injuries that required hospitalization after riding the rollercoaster last spring.
The woman, Sandi Streets, 49, privately settled the lawsuit with the theme park on Friday for an undisclosed amount, according to Orange County court records.
Crump speculated on Tuesday that Universal settled quickly with Streets to avoid further publicity.
“They won’t be able to silence everybody,” Crump said.
Zavala’s sister, Lisa Cruz Rodriguez, read a statement from a woman who said she rode Stardust Racers in May and also lost consciousness during the ride. She was taken to a hospital emergency room, according to the statement from the unnamed woman.
“My child had to watch me with my head flailing,” according to her statement. “I told them (Universal) that they had a problem with these severe launches. …They know they have problems with the rides.”
Pointing out that Zavala used a wheelchair because of a lifelong spinal cord atrophy, Crump said the people complaining of injuries were able-bodied.
“They assisted him with his girlfriend in getting on the ride,” Crump said. “If they [Universal] believed that disabled people should not be on this roller coaster, then why would you assist him in getting on the rollercoaster? You can’t justify this by blaming the victim.”
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Skyler Swisher of the Orlando Sentinel contributed to this report.
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