ORLANDO, Fla. — Nearly three months after Kevin Rodriguez-Zavala died while riding the Stardust Racers roller coaster at Universal Orlando’s Epic Universe theme park, the Orange County Sheriff’s Office has officially ruled his death an accident.
The report also concluded no criminal act happened.
A newly released 11-page investigative report reveals details from witnesses, park employees, and from Kevin longtime girlfriend, who was seated next to him during the ride
His girlfriend described a nightmare, being stuck on the ride while her boyfriend flew forward on the Stardust Racer, hitting his head multiple times on the metal bar in front of him. She says she tried everything she could to hold him up.
She told investigators it took two or three times for Universal employees to lock Kevin into the ride. Even then, she said she thought the lap bar was “too low,” but said, when they started the ride, she believed he was secured in.
“However, when the ride began the first downhill, Kevin flew forward, striking his head,” the report reads.
She stated she saw Kevin hit his head multiple times and that she attempted to hold him back but couldn’t do so. She was crying for help but says no one heard her because they were in the middle of the ride.
Witnesses described that when the ride stopped, Kevin had severe facial trauma.
A doctor who was on vacation, waiting to get on that ride, says she heard screaming. She says the Universal employees were “frozen” and she jumped the gate to respond to Kevin. The doctor says Kevin had no pulse.
The doctor recalls that Kevin’s girlfriend repeatedly said, “His mom is going to kill me.” The report says the girlfriend was referring to a previous discussion that they were worried about Kevin riding certain rides. Kevin had a pre-existing spinal injury and was in a wheelchair.
The doctor told investigators that Kevin’s femur was completely broken in half. The report describes in graphic details how his leg was distorted.
She added that the broken femurs had a significant role in the fact that Rodriguez Zavala was able to reach the metal bar in front of him. The report doesn’t say how he broke his femurs this time.
Witnesses say it took 10 minutes for crews to release him from the ride. He was stuck on the ride “face down, falling out of the seat.” The report describes in graphic detail that there was a significant amount of blood on Rodriguez Zavala and the ride.
Investigators said employees followed protocol and did not act in a careless or neglectful manner.
We spoke to WFTV legal analyst Bill Sheaffer about how the conclusion of this criminal investigation could impact the separate civil lawsuit that Rodriguez Zavala’s family filed against Universal.
In the criminal case, investigators ruled there was no evidence of negligence; however, Sheaffer says there is a lower standard in proving in a civil case.
Sheaffer says both side could use evidence collected during the criminal investigation for this lawsuit including testimony from the doctor that Rodriguez-Zavala’s girlfriend acknowledged a conversation his mom that he shouldn’t ride certain rides.
“It could be one of the cornerstones of their defense that he had a pre-existing condition and his family and he knew that he shouldn’t ride that type of ride because he was putting himself at risk. So that’s pretty damning to the plaintiff,” Sheaffer said.
We reached out this evening to the attorney representing Kevin’s family, Ben Crump, but have not heard back.
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