The Portillo’s restaurant in Oswego has installed bollards and parking stops in front of its main entrance after a 2-year-old boy was killed on July 30 when a car crashed through the main entrance of the restaurant.

The family of the boy is seeking more than $100,000 in damages as part of a lawsuit it has filed against Portillo’s. The Kendall County State’s Attorney’s Office is currently reviewing the findings of the Oswego Police Department’s investigation into the crash.

“It’s encouraging to see Portillo’s finally taken action, but it shouldn’t have taken a tragedy for Portillo’s to recognize such an obvious safety issue,” said GWC Injury Lawyers LLC associate Allison Dolan on Tuesday. “The McKee family’s loss is immeasurable, but if these changes prevent even one more life from being lost, than we feel that is something meaningful and it’s proof that litigation can drive this real safety reform.”

The firm is representing the family in the lawsuit. Portillo’s has not commented on the suit.

“It’s a design failure not to have bollards and a blocked entryway to protect pedestrians,” Dolan said.

Following the fatal crash, the village has been looking at requiring new commercial buildings to install barriers to protect pedestrians along sidewalks or store entrances.

As Oswego Development Services Director Rod Zenner said during the Oct. 7 Oswego Village Board meeting, the village currently follows the 2021 international building code regulations, which do not require any protection measures.

“Other elements, such as parking lot curbing, parking blocks and distance between parking spaces and front entrances are seen as sufficient protection,” he said.

However, the village has gone beyond the regulations by requiring outdoor dining areas be protected with bollards, planters or reinforced fencing that could prohibit a vehicle from entering the seating area.

Zenner said that bollards or large planters could be placed around public entrances in a way that could stop a vehicle while not prohibiting access to the site or restricting accessibility requirements or fire department access.

“I think that’s something that could be easily done for all new developments,” he said.

Oswego police have been investigating 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. The State’s Attorney’s Office will decide if charges are warranted.

The lawsuit states the driver “while maneuvering into a parking space directly in front of the restaurant’s entrance, suddenly accelerated the 2011 Lincoln MKZ forward, causing the vehicle to jump the curb, crash through the front of the restaurant, and fatally strike plaintiff’s decedent.”

All of the 13 victims, including the toddler, were in the restaurant at the time of the crash. Eight people, including the 50-year-old driver of the vehicle, were taken to area hospitals.

With the exception of the 2-year-old child, the individuals taken for injuries ranged in age from their 20s to their 60s.

Five other people were treated at the scene and declined further medical treatment.