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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.
OSWEGO, Ill. - The family of a 2-year-old boy killed when a car slammed into a Portillo’s in Oswego last month has filed a wrongful death lawsuit against the restaurant chain, alleging its parking lot design and lack of safety barriers created a deadly hazard.
The lawsuit, filed Tuesday in Cook County Circuit Court by the boy’s father, Schyler McKee, as administrator of his son Finnegan’s estate, accuses Portillo’s of negligence for allowing head-in parking directly in front of its main entrance at the Route 34 location without installing bollards, barriers or parking stops.
Attorneys argued the configuration placed diners just feet from vehicles without adequate protection, exposing them to a foreseeable risk of "catastrophic injury or death."
"You don't go out somewhere expecting to not come home with your two-year-old. Nobody should have to go through that," said mother Christina McKee. "He's perfect. He would sing and dance in the kitchen. He was the smartest little two-year-old."
The backstory:
On July 30, a 2011 Lincoln MKZ driven by a 50-year-old woman from Canton, Michigan, jumped the curb and crashed through the glass storefront, fatally striking the child and injuring 12 others, according to Oswego police.
Authorities have said the crash appeared accidental, but the investigation into whether charges will be filed remains ongoing.
The complaint points to 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 on notice about the risks but failed to take precautions. It cites national data from the Storefront Safety Council showing hundreds of similar crashes occur annually at restaurants.
The suit seeks more than $50,000 in damages under both the Illinois Wrongful Death Act and Survival Act. It alleged Finnegan’s parents and brother have suffered immense grief and loss from the incident.
The Kane County coroner previously ruled the boy died from multiple traumatic injuries consistent with being struck by a vehicle.
Portillo’s has not yet publicly commented on the lawsuit.
What's next:
GWC Injury Lawyers, LLC held a press conference with Finnegan's parents on Friday to discuss the lawsuit.
The family's attorney said they're prepared to take this to trial.
The Source: The information in this report came from a lawsuit filed in the Circuit Court of Cook County and previous FOX 32