Family Of Toddler Killed In Oswego Portillo's Crash Sues Restaurant Chain

OSWEGO, IL — The family of the 2-year-old boy who was killed when a driver plowed through the entrance of Portillo's in Oswego July 30 is suing the restaurant chain, Chicago-based firm GWC Injury Lawyers, LLC, said at a Friday news conference.

Schyler McKee filed a wrongful death lawsuit Aug. 19 with the Cook County Circuit Court as the independent administrator of the estate of his son, Finnegan. The suit accuses Portillo's of "gross negligence" by allowing cars to park directly in front of the main entrance to the popular restaurant at 2810 Route 34 without installing bollards or barriers.

Finnegan was killed, and 12 others were injured, when a car, driven by a woman from Canton, Michigan, crashed through the entrance of Portillo's just before 2 p.m. July 30. No charges have been filed, and Oswego police believe the crash to be "a tragic accident," Patch reported.

"You don't go out somewhere expecting to not come home with your 2-year-old," said Finnegan's mother, Christina McKee. "Nobody should have to go through that. ... He's perfect. He would sing and dance in the kitchen, and he was the smartest little 2-year-old."

Christina McKee held a teddy bear clothed in green "Nightmare Before Christmas" pajamas during the news conference as a representation of Finnegan, "for our two little boys at home to still have something to look at," she said.

Schyler McKee called for safety precautions to be "implemented at all businesses to prevent this from happening to anyone else."

The lawsuit seeks more than $50,000 in damages under both the Illinois Wrongful Death Act and Survival Act.

GWC Injury Lawyers partner Louis Anthony Cairo explained that $50,000 is the minimum required to claim in a civil lawsuit, though attorneys will "absolutely" seek more than that. Cairo said they're not considering the exact monetary amount "at this particular time, but it's going to be worth a significant amount of money."

Cook County court records show the next court date for the case is Oct. 15.

RELATED: Portillo's Reopens Dining Room After Fatal Crash, Law Firm Calls For Safety Measures

"The shame of it all is that it was 100 percent foreseeable for Portillo's, and it was 100 percent preventable," Cairo said. "This is not the first time this has happened at a Portillo's. It happened in 2023, and it happened in 2014. Our objective is to hold those responsible accountable for the loss of a precious 2-year-old's life."

At the Oswego Village Board's Aug. 4 meeting, Village President Ryan Kauffman said Portillo's plans to install barriers, on its own volition, in response to the crash, Patch reported.

Portillo's reopened its dining room on Aug. 18, about three weeks after the crash.

RELATED: GoFundMe Campaign Started For Family Of Boy, 2, Killed In Portillo's Crash