Universal Orlando is facing five lawsuits filed Dec. 18 alleging riders of the Stardust Racers coaster sustained "severe and permanent" injuries after their heads were allegedly not properly restrained. The suits, brought by attorney Nicholas Spetsas and Spetsas Buist Accident Injury Lawyers, name Universal and Mack Rides and assert negligence and strict product liability claims. The filings follow the Sept. 17 death of Kevin Rodriguez Zavala; investigators have called his death accidental but an earlier autopsy cited "multiple blunt impact injuries." Plaintiffs say they will use discovery to obtain records and determine whether the ride or its restraints caused the alleged harm.
Universal Orlando Faces Five Lawsuits Claiming 'Severe' Injuries on Stardust Racers After September Fatality
Patrick Connolly/Orlando Sentinel/Tribune News Service via GettyThe Stardust Racers roller coaster at Epic Universe in Orlando, Fla.
Universal Orlando Resort is facing five separate lawsuits alleging guests suffered "severe and permanent injuries" after riding the new Stardust Racers roller coaster at Epic Universe. The suits were filed Dec. 18 in Orange County, Florida, and name Universal's parent company and ride manufacturer Mack Rides as defendants.
Claims Allege Improper Head Restraints and Violent Shaking
The complaints, brought by attorney Nicholas Spetsas and filed by the law firm Spetsas Buist Accident Injury Lawyers, assert that riders' heads were not properly restrained. According to the filings, that alleged failure allowed passengers to be shaken violently during the ride, causing life-altering injuries including traumatic brain injury, brain bleed, stroke and paralysis.
"Our goal is to get the truth, and the only way to do that is to file a lawsuit and uncover evidence in the discovery phase of the case," said Charles Buist, a partner at Spetsas Buist, in a statement to PEOPLE. "Pre-suit settlements do not get us to the truth. They only allow giant corporations to cut a check and make everything go away."
Legal Claims and Next Steps
Each complaint asserts one count of negligence against Universal and Mack Rides and one count of strict product liability against the ride designer. The plaintiffs say they will pursue discovery to obtain maintenance logs, design documents and other records that could clarify whether a design or maintenance issue caused the alleged injuries.
Background: September Incident and Investigations
The suits follow a Sept. 17 incident in which 32-year-old Kevin Rodriguez Zavala was found unresponsive on Stardust Racers and later died. Zavala's parents said he had been born with spinal cord atrophy and had undergone surgeries during his life.
Thomas Simonetti/Bloomberg via GettyThe Stardust Racers roller coaster at Epic Universe in Orlando, Fla.
Authorities have conducted multiple inquiries. A prior autopsy by the county medical examiner listed Zavala's cause of death as "multiple blunt impact injuries." On Dec. 11, the Orange County Sheriff's Office released a final report ruling the death accidental and stating that "no criminal acts occurred in this case," effectively closing that criminal investigation. State investigators from the Florida Department of Agriculture and Consumer Services previously reported the ride was functioning correctly at the time of the incident.
Following the fatality, Zavala's family retained civil rights attorney Ben Crump for an independent review. Local outlet News 6 reported on Dec. 13 that the family reached an "amicable resolution" with Universal, settling the matter outside of court for an undisclosed amount.
Responses
A Universal spokesperson told PEOPLE the company does not comment on ongoing litigation. Mack Rides did not immediately respond to requests for comment.
The newly filed lawsuits now proceed in civil court, where plaintiffs' attorneys say discovery will be used to seek documents and evidence to determine what happened on the ride and whether design, manufacturing or maintenance failures contributed to the alleged injuries.
