Family of 2-year-old boy killed in Portillo’s crash in Oswego seeking more than $100,000 in damages
The family of a 2-year-old boy who was killed in July when a car crashed into the front entrance of the Portillo’s restaurant in Oswego is seeking more than $100,000 in damages as part of a lawsuit filed against the company.
Chicago-based GWC Injury Lawyers filed the two-count lawsuit Tuesday in Cook County Circuit Court. In the first count — wrongful death — the suit seeks more than $50,000 in damages. In the second count — survival act — the suit seeks more than $50,000.
The Illinois Survival Act allows the estate of a deceased person to pursue claims the decedent could have filed if they had survived.
“This kind family has suffered an unimaginable, senseless loss,” Louis C. Cairo, managing partner at Chicago-based GWC Injury Lawyers, said in a statement. “Our goal now is to ensure that no other family has to endure the tragic loss and suffering that this family is currently going through.”
Portillo’s could not be reached for comment.
According to GWC, the crash was entirely foreseeable and preventable.
“The front entrance of the Portillo’s restaurant and parking lot is designed in such a manner that this type of tragic event seems almost inevitable,” the law firm states.
“The restaurant created a nose-in parking space directly in front of the glass revolving entrance doorway with no concrete parking bumpers or protective safety bollards between the parking lot and the glass entrance 15 feet away,” the law firm added.
The restaurant plans to install bollards in front of its entrance. A bollard is a short vertical post used to manage traffic and parking around areas where there are a lot of pedestrians.
Oswego police continue to investigate what caused the driver of a 2011 Lincoln MKZ Sedan to crash into the entrance. The vehicle was driven by a 50-year-old woman from Canton, Michigan, who was the only occupant in the vehicle, police said.
It is not known if the driver was having a medical emergency at the time of the crash, Oswego Police Chief Jason Bastin has said.