5 people sue Universal, claiming Stardust Racers caused severe injuries
Published in News & Features
ORLANDO, Fla. — Five people have filed separate lawsuits against Universal Orlando Resort, claiming they suffered severe and permanent injuries — in some cases, bleeding of the brain, spinal cord damage and paralysis — after their heads slammed repeatedly against the seat in front of them while riding Stardust Racers at the new Epic Universe theme park.
It’s the same intense roller coaster that 32-year-old Kevin Rodriguez Zavala rode on the night of Sept. 17 and died shortly afterward.
Filed Thursday in Orange County, the lawsuits come just days after the attorney for Zavala’s family announced a confidential settlement and “amicable resolution” with the theme park regarding his death.
Witnesses said they saw Zavala’s head slam repeatedly against the seat in front of him during the ride, according to an Orange County Sheriff’s report released two days earlier.
The lawsuits also name Mack Rides, a German-based company that designed and manufactured Stardust Racers, as a defendant. The riders all seek more than $50,000 in damages, primarily to help pay for ongoing medical costs.
A spokeswoman for Universal Orlando Resort said the company does not comment on pending litigation. Representatives for Mack Rides did not answer a request for comment.
In one of the lawsuits, Bonita Freeman of Appomattox, Va., said her head “was violently shaken, repeatedly” while riding Stardust Racers on Aug. 13. She has since suffered paralysis and now requires spinal surgery, according to the suit.
Universal failed to warn her that her head, neck and spine could be shaken and slammed against the headrest or other hard surfaces during the ride, Orlando attorney Nick Spetsas, who filed Freeman’s and the other lawsuits, said Friday.
“I think the ride is inherently dangerous,” he said. “If you’re going to let people on the ride, then you have to make it safe to ride. You can make a ride that’s thrilling, but that is also safe.”
Spetsas added some of the injured riders had to be taken to an emergency room after getting off Stardust Racers and “everyone experienced pain.”
Jason Rodriguez of Miami-Dade County and Brittany Smiley of Fairfield, Ohio, also claim they suffered permanent injuries after riding the roller coaster on Sept. 14.
Although Epic Universe opened to the public on May 22, Breanna Bradford of Brevard County was invited by the theme park to preview the attraction on April 2. So was Debbie Reinelt, of Henderson, N.C., who attended on May 5.
Both women in their lawsuits claimed they suffered permanent injuries.
Spetsas said that the some of the most severe injuries involved bleeding of the brain and a spinal cord injury after riding Stardust Racers. But he did not specify which of the riders who filed the lawsuits suffered those injuries.
Although the injuries occurred between April and September, Spetsas said his law firm had been trying for weeks to reach settlements with the theme park giant.
“We tried to work with Universal to amicably resolve these cases without litigation,” he said. “Our efforts were unsuccessful.”
The lawsuits also state that Mack Rides “failed to properly design and test Stardust Racers to ensure that riders would not sustain injuries in the normal course of its operation.” The suits point out that the ride lacks any sort of head restraints
The Orange County Sheriff’s report released on Dec. 11 ruled Zavala’s death as accidental. Family members said he had a spinal condition since birth and used a wheelchair.
The roller coaster reaches a speed of 62 mph and rises up to 133 feet. According to the Sheriff’s report, Zavala was flung forward and had lost consciousness by the time the ride ended. The report states that Zavala was covered with blood and one of his legs was broken. He was taken to Orlando Regional Medical Center, where he was pronounced dead.
Even though the Sheriff’s report said no criminal charges are warranted, Spetsas said Universal still could be negligent in Zavala’s death or injuries to other riders.
“These are not frivolous lawsuits,” he said. “We haven’t even conducted our discovery yet. But we intend to do that to figure out exactly what happened.”
Spetsas also represented Sandi Streets, a 49-year-old Sanford woman who sued Universal Orlando Resort last September, claiming she suffers from permanent injuries after riding Stardust Racers in April. She later settled the lawsuit privately with the theme park.
Attorney Ben Crump represented Zavala’s family.
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