The two-count lawsuit, filed in Cook County Circuit Court on Tuesday, alleges that the design of the restaurant’s parking lot and the lack of safety barriers created a deadly hazard that could have been prevented.
The family, represented by the Chicago-based firm GWC Injury Lawyers LLC, is seeking more than $100,000 in damages under the Illinois Survival Act and Illinois Wrongful Death Act.
The lawsuit stems from a crash that unfolded at a Portillo’s restaurant in Oswego on July 30, which claimed the life of a 2-year-old boy and left 13 others injured, including the driver, a 50-year-old woman from Canton, Michigan.
The lawsuit claims that the chain created an “unreasonable risk of vehicle intrusion” when it placed tables within feet of the glass entrance door without parking lot barriers to prevent, or at least slow a vehicle, from driving into the storefront.
Preliminary findings by Oswego police suggest that the crash may have been accidental in nature, but the exact cause remains unclear.
The driver was the only person inside the car involved and no charges have been filed in connection with the crash.
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