Oswego Portillo’s adds safety barriers after crash that killed 2-year-old

Chicago area Portillo?s adding safety barriers after crash that killed 2-year-old

Construction has begun on safety barriers outside the Oswego Portillo's where a 2-year-old boy was tragically killed in July.

CHICAGO - Construction has begun on safety barriers outside the Oswego Portillo's where a 2-year-old boy was tragically killed in July.

The backstory:

On July 30, a car driven by a 50-year-old Michigan woman jumped the curb and crashed through the glass storefront of the restaurant, fatally striking Finnegan McKee. Twelve others were also injured in the incident, according to Oswego police.

Authorities said the crash appeared to be accidental, but the investigation into whether charges will be filed remains ongoing.

In August, the boy's father filed a wrongful death lawsuit against the restaurant chain, alleging its parking lot design and lack of safety barriers created a deadly hazard. In the lawsuit, Schyler McKee accused Portillo's of negligence for allowing head-in parking in front of its main entrance without safety features that could have prevented his son's death.

Family of boy killed in Portillo's crash speaks out

The lawsuit claims the restaurant failed to put up basic safety barriers outside the location.

Attorneys argued the configuration placed diners just feet from vehicles without adequate protection, exposing them to a foreseeable risk of "catastrophic injury or death."

What they're saying:

On Monday, attorneys for the family said the lawsuit has already brought meaningful change with the installation of bollards and parking blocks in front of the Route 34 location.

"While the family is relieved to know that steps are finally being taken to make sure no other family suffers the same kind of heartbreak, no amount of construction can undo the losses they’ve endured," said Louis Anthony Cairo of GWC Injury Lawyers LLC, who represents the McKee family.

(GWC Injury Lawyers LLC)

The complaint also cited other vehicle-into-building crashes at restaurants and retail businesses across the Chicago region — including several at Portillo’s locations — as evidence the company was aware of the risks but failed to take precautions.

"Safety barriers save lives," attorney Allison Dolan said in a statement. "This project is a positive outcome, but it should not have taken a tragedy to make it happen."

What's next:

The lawsuit remains pending in the Circuit Court of Cook County. Attorneys for the family said they’re prepared to take the case to trial. The family seeks more than $50,000 in damages under both the Illinois Wrongful Death Act and Survival Act, alleging Finnegan’s parents and brother have suffered immense grief and loss.

The other side:

Portillo’s has not yet publicly commented on the lawsuit.