'Absolute mayhem': 2-year-old enjoying lunch with family gets mowed down and killed by driver, family sues over 'dangerous' restaurant design

A 2-year-old lad successful Illinois was killed past period erstwhile a car crashed done the beforehand doorway of a Portillo's, 1 of the state's astir fashionable fast-casual nutrient chains, arsenic his household was enjoying an day luncheon together. Now, they're suing the constitution for implicit $100,000 — claiming the restaurant's designs and parking configurations are "unreasonably dangerous" and "vulnerable to conveyance intrusions."

"This is an perfectly devastating and heart-wrenching case," lawyer Louis A. Cairo told Law&Crime past week aft filing the McKee family's lawsuit successful Cook County Circuit Court.

"They're sitting astatine 1 of the tables closest to the entrance, they're having a large clip astatine 2 o'clock successful the afternoon," Cairo recalled astir the time Finnegan McKee, lad of Christina and Schyler McKee, was killed by a 50-year-old pistillate who allegedly hopped a curb and crashed done the Portillo's connected July 30. Oswego constabulary told section Fox affiliate WFLD that the clang appeared to beryllium accidental, but constabulary are inactive investigating.

"He's got his ma and dad, his grandma and grandpa, his aunt and uncle, he's got his small brother, and adjacent happening they cognize it's implicit mayhem," Cairo said. "The unthinkable happens arsenic a car comes flying done the beforehand door."

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According to police, the operator was successful municipality from Canton, Michigan, astatine the clip she allegedly crashed into the Portillo's. The McKees don't notation her specifically successful their wrongful death lawsuit, lone that the clang resulted from the edifice not having a "barrier to forestall a conveyance incursion" and different information plan measures, per the complaint.

"Portillo's configured the parking batch truthful that parking spaces were positioned instantly successful beforehand of, and perpendicular to, the edifice entrance, requiring vehicles to parkland head-in oregon back-in alternatively than parallel to the gathering frontage," the ailment alleges.

"The parking spots instantly successful beforehand of the edifice had nary carnal barriers, specified arsenic parking stops, parking bumpers, fencing, bollards oregon walls, immoderate 1 of which would forestall or, astatine a minimum dilatory a conveyance from driving from the asphalt parking batch up onto the sidewalk and into the storefront," the papers adds. "Portillo's situated its tables truthful arsenic to find its seated diners wrong feet of the solid entranceway doors without immoderate carnal barriers betwixt them and head-in parking spaces."

Speaking astatine a property league connected Friday, Aug. 22, Finnegan's parents talked astir their lad and however it felt to suffer him successful specified a tragic way.

"You don't spell retired determination expecting to not travel location with your 2-year-old," Christina McKee said, calling Finnegan "perfect" and the "smartest small 2-year-old."

"Nobody should person to spell done that," she concluded.

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Cairo told Law&Crime that the household hopes their suit tin assistance prevention different child's beingness someday, should thing similar this hap again.

"Some of the imaginable bully that tin travel of this is would beryllium to enact an ordinance oregon authorities wherever if you person an constitution that has a parking batch attached to it, you amended marque definite you person information barriers successful spot that are going to support the patrons that are wrong that establishment," said Cairo, who is simply a lawyer for GWC Injury Lawyers, LLC. "There amended beryllium bollards, determination amended beryllium factual blocks determination to halt the momentum of a vehicle, truthful there's not different household sitting astatine a Portillo's, oregon astatine a Chick-fil-A, a McDonalds, enjoying their day luncheon with their household and adjacent happening you cognize each hellhole breaks escaped due to the fact that a car comes done the beforehand door."

Portillo's did not respond to Law&Crime's requests for remark connected Monday.