Universal Orlando Resort removed reference to “pre-existing conditions” from a report about the Epic Universe guest who passed away after riding Stardust Racers, indicating his pre-existing conditions may not have been connected to his passing.
Universal Changed Report About Stardust Racers Death
Kevin Rodriguez Zavala, 32, was unconscious after riding Stardust Racers at Epic Universe on September 17. He passed way from “multiple blunt impact injuries,” said the medical examiner. Zavala was born with spinal atrophy and used a wheelchair, but Universal and investigators have avoided stating that his pre-existing conditions had something to do with his death. They also have not explained exactly how he sustained the injuries, although Universal stated the ride functioned as intended.
Universal did originally note “pre-existing conditions” under Zavala’s death in the injury report they sent to the Florida Department of Agriculture and Consumer Services (FDACS) this fall. However, News 6 discovered that they removed the note after a discussion with at least one state employee.
The original report with “Fatality (pre-existing conditions)” is pictured above, obtained by News 6 through a public record request. The final publicized report only lists a “Fatality.” Two other unrelated incidents on the report still note “pre-existing condition” under the injury.
A spokesperson for Florida Agriculture Commissioner Wilton Simpson told News 6, “We inquired with Universal about the inclusion of ‘pre-existing conditions’ and they determined to submit an updated report.”
Universal submitted the original report to FDACS on October 14 and sent the second, altered report about 27 hours later on October 15.
An FDACS told News 6 they did not have concerns about the original report. “The company either needed to list the pre-existing condition or remove the cause,” said FDACS communications director Aaron Keller. “Universal has been extremely transparent with the department.”
Large Florida theme parks like Universal Orlando Resort and Walt Disney World Resort that employ over 1,000 people and have full-time, in-house safety inspectors are exempt from state oversight but are still required to self-report fatalities and injuries that lead to over 24 hours of hospitalization.
Universal Orlando Resort invited three FDACS inspectors to observe Stardust Racers testing and inspections following Zavala’s death. As News 6 reported last month, those inspectors did not keep any records. The agency said in a public statement that they agreed with Universal’s internal assessment that the coaster had “functioned as intended.”
Universal representatives did not respond to News 6’s questions regarding the altered report.
Benjamin Crump and other lawyers representing Zavala’s family have pushed back on the idea that his disability was related to his death. Regarding signs at the attraction warning guests with certain conditions not to ride, attorney Natalie Jackson said, “That was so vague that it was not a clear warning. He did not have any ongoing pain, or anything like that. He had a lifelong spinal disease and disorder. That is lifelong that he lived with. So there was nothing about being able to walk. There was nothing about being in a wheelchair.”
With the reopening of Stardust Racers a few weeks after Zavala’s death, Universal updated their safety and accessibility guidelines to state guests “using mobility devices must be able to walk independently” to ride Stardust Racers and other select attractions.
The medical examiner and the Orange County Sheriff’s Office have not released records related to Zavala’s death due to the “active criminal investigation“.
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