Oswego, IL – The parents of 2-year-old Finnegan McKee, who was killed last month after a vehicle crashed through a Portillo’s restaurant in Oswego, have filed a lawsuit against the restaurant chain, claiming the tragedy was foreseeable and preventable due to a lack of safety infrastructure.
Family Speaks Out After Devastating Loss
Schyler and Christina McKee, Finnegan’s parents, delivered an emotional public statement on Friday, urging all businesses to adopt safety measures that prevent vehicles from entering buildings. Holding a teddy bear in memory of her son, Christina said:
“For our two little boys at home to still have something to look at, and he’s wearing his ‘Nightmare Before Christmas’ pajamas, which was his favorite.”
Schyler added:
“Finnegan is such a joyful, loving, and brilliant little dude. He would want us to do anything we can to make sure the safety of not only dining in a restaurant, but also pedestrian entryways to be protected.”
How the Crash Happened
On July 30, a driver in a Lincoln MKZ attempting to park in front of the Oswego Portillo’s accelerated over the curb and crashed through the entrance of the restaurant. Finnegan, who was sitting inside with his family, was killed in the collision.
According to the lawsuit, Portillo’s lacked bollards or other safety barriers in front of the main entrance. However, bollards were installed in other parts of the restaurant, such as near light poles and the drive-thru lane.
Construction barrels have since been placed at the spot where the driver entered the restaurant, but the family claims that Portillo’s had prior knowledge of vehicle-into-building crashes at other locations — including Downers Grove (2014) and New Lenox (2023) — and still failed to install proper protections.
Legal Action and Safety Concerns
The lawsuit, led by attorney Anthony Cairo, claims that Portillo’s should have anticipated the potential for such an accident and taken steps to safeguard its patrons.
“There are protective measures that all establishments should have in place to ensure the safety of the patrons that are on the inside,” Cairo stated as per CBS News.
The McKees are pushing for legislative changes through a campaign called “Finnegan’s Project,” which advocates for mandatory bollard installation at restaurant entrances and high-pedestrian areas to prevent future tragedies.
Past Incidents Highlight Pattern
While this case is heartbreaking on its own, other vehicle-related crashes at Portillo’s locations reinforce concerns raised in the lawsuit:
- Downers Grove (2014): Vehicle crashed at entrance; bollards were present at drive-thru only.
- New Lenox (2023): Similar entrance crash; safety features inconsistently applied.
- Algonquin Location: Bollards are installed at the entrance, showing uneven implementation.
Despite these past events, Oswego’s entrance had no such protection, raising questions about Portillo’s risk management and site safety evaluation practices.
No Charges Filed Yet
As of now, no citations or criminal charges have been filed against the driver, and Oswego police say the case remains under investigation.
This devastating loss has launched a broader conversation about public safety in commercial spaces, especially for families dining out. With their lawsuit and advocacy campaign, the McKees are turning their grief into a mission to protect others.
What are your thoughts on safety protections like bollards in public spaces? Share your thoughts in the comments below.
