Despite Universal Orlando Resort’s claim a roller coaster “functioned as intended” when a 32-year-old man lost consciousness on it and died, attorney Ben Crump and his team on Wednesday cast doubt on the safety of the ride and demanded it stay closed until an investigation is completed.
Crump and his legal team said Kevin Rodriguez Zavala on Sept. 17 was placed by ride attendants in the front row of the Stardust Racers roller coaster’s car, and witnesses reported seeing his head slam repeatedly on a metal bar.
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“That is what killed Kevin,” Crump said at the afternoon press conference. “So to try to suggest in any way that his death was his fault, it’s offensive. It’s offensive on any level.”
Zavala, who was in a wheelchair due to lifelong spinal condition, had gone to Epic Universe that night with his girlfriend and was excited about trying out the new ride, which opened with the rest of the park in May.
Ride attendants used a transfer seat to help Zavala onto the ride, Crump said his firm’s investigation discovered.
“He got on the ride expecting to have a joyous experience. … Universal employees never said anything about because he was in a wheelchair he could not ride on the Stardust racer,” he said.
Attorney Benjamin Crump displays a photo of the roller coaster during a press conference with the family of Kevin Zavala in downtown Orlando, Wednesday, Sept. 24, 2025. Zavala died Sept. 17 from blunt impact injuries after riding the Stardust Racers roller coaster at Universal’s Epic Universe. Zavala’s sister Lisa Cruz Rodriguez and brother-in-law Anthony Cruz stand to the left. (Joe Burbank/Orlando Sentinel)
A Universal safety warning states that for riders using mobility devices such as wheelchairs, “This attraction has a device to assist you with your transfer to the ride vehicle. Please see an Attractions Attendant for further information.”
Crump, who was hired by Zavala’s family, added that part of a seat covering was detached and that Zavala was found slouched over when the ride finished.
“That is very telling,” Crump said. “Just because you say there were no malfunctions doesn’t mean there weren’t any safety issues.”
Crump and his team said the Zavala’s family is requesting that Universal “do the right thing” and conduct a full and transparent investigation.
“How does a person end up dead riding on your Stardust Racer roller coaster?” he said. “Universal Studios, you have to make this right on so many levels. … We have to know what happened. We have to get answers.”
Zavala, he said, “was a person. He was a good person.”
Universal Studios Orlando did not immediately respond to a request for comment regarding Crump’s claims. The Florida Department of Agriculture and Consumer Services, which also is conducting an investigation into the Zavala’s death, also did not respond in time for a request for comment.
At the afternoon press conference, Zavala’s family — including his parents, brother, sister and girlfriend — described him as a lifelong Central Florida resident who loved theme parks and called him a “roller coaster freak.”
Despite being born with a spinal condition, Zavala did not let that prevent him from enjoying a full life, Crump said. He earned a college degree in video game design, his father, Carlos Rodriguez Ortiz said.
“Kevin was so special,” his father said. “He was awesome. The best. I don’t want anybody else to feel how I feel right now.”
His sister, Lisa Cruz Rodriguez, said her brother was the “type of guy you could go to for advice” and was always there for his family.
“He called me that morning when he arrived at theme park and told me how excited he was to be there,” she said in tears. “I thank God for the amazing person he was. … I just don’t want this to happen to anyone else.”
Zavala died of “multiple blunt impact injuries” shortly after riding Stardust Racers, according to the Orange County medical examiner, who ruled the death to be accidental.
Universal’s internal review found the ride worked properly and staff members correctly followed procedures, Karen Irwin, Universal Orlando Resort’s president, wrote in a letter to employees addressing Zavala’s death.
State investigators reached the same preliminary conclusion, said Aaron Keller, a spokesman for the Florida Department of Agriculture and Consumer Services, the agency that generally regulates theme park rides.
Investigations are being conducted by that department as well as the Orange County Sheriff’s Office.
Kevin Rodriguez Zavala, 32, died from multiple blunt impact injuries while riding the Stardust Racers thrill ride at Universal Orlando’s new Epic Universe theme park on Wednesday, Sept. 17, 2025. (GoFundMe page)
The attraction will remain closed while the review continues in conjunction with the ride manufacturer, Irwin added in her letter.
Crump, the prominent civil rights and personal injury attorney, is seeking the release of maintenance logs, inspection records, ride data and video footage.
Few other details have emerged on what may have caused Zavala’s death.
He was found unresponsive about 9:20 p.m. on Sept. 17, according to a sheriff’s incident report. He was taken to Orlando Regional Medical Center, where he was pronounced dead at 10:05 p.m.
Stardust Racers is a dual-launch, “dueling” coaster with side-by-side tracks that reaches a top speed of 62 mph and a height of 133 feet, according to Universal. The most prominent feature is the patented “celestial spin,” where the tracks twist around each other in a barrel roll.
Riders are restrained only at the lap by a solid bar that lowers from overhead, without any shoulder constraints.
The park’s safety and accessibility guide states that Stardust Racers riders “should be able to independently: (1) maintain an upright position, (2) support your torso, neck, and head while absorbing sudden and dramatic movements, and (3) brace your body with at least one natural upper extremity.”
Crump urged the theme park to “do the right thing” and be fully transparent on what happened to Zavala.
“How does a person end up dead riding on your Stardust Racer roller coaster?” he said. “Universal Studios, you have to make this right on so many levels.”
Services for Zavala are scheduled for Friday at 10:30 a.m. at the Funeraria San Juan Funeral Home in Kissimmee.