Dana Hutchings died in 2019 after choking during an amateur taco eating contest.
Hutchings' son, Marshall, is suing the organizers of the event for negligence.
The lawsuit states that Fresno Sports and Events LLC failed to make Hutchings aware of the risks.
Marshall Hutchings, the 18-year-old son of the man who died during an amateur taco eating contest, is suing the organizers of the event, Fresno Sports and Events LLC, for negligence.
Dana Hutchings, 41, died after choking on tacos during the August 2019 contest at Chukchansi Park during a Fresno Grizzlies minor league baseball game.
Dana Hutchings had never previously taken part in a competition like the taco eating contest before, and he collapsed just several minutes into the competition.
Staff rushed onstage to assist him and began cardiopulmonary resuscitation before calling 911. When paramedics turned up Hutchings was unconscious. He was taken to Community Regional Medical Center and pronounced dead.
The Fresno County Coroner's Office said that Hutchings died of choking, while the lawsuit states that Hutchings Hutchings had both chewed and unchewed tacos blocking his respiratory system.
The aim of the amateur competition was for contestants to eat as many tacos as they could within a certain amount of time. But Marshall Hutchings is alleging that Fresno Sports and Events LLC, who own the Grizzlies, did not make his father aware of all of the dangers and risks of taking part in such a food eating competition.
Professionals who take part in these competitions take care of themselves and train beforehand in order to safely participate, said Hutchings' lawyer, Martin Taleisnik of the Sawl Law Group.
According to a report by the Fresno Bee, Taleisnik said: "But that is not always present in an amateur eating contest. The conductors of this event should have made the risks known to the competitors and taken steps to protect them."
The lawsuit also stated that the availability of alcohol during the event further increased the dangers and risks of the event.
"Fresno Sports and Event, LLC., failed to fully inform decedent, Dana Hutchings, of every risk he was accepting when he agreed to enter the amateur taco-eating competition," Taleisnik said.
"The lack of information outlining every risk to amateur eaters was omitted and Mr. Hutchings entered the competition with limited information on all the risks he was agreeing to. His assumption of risk was distorted, and therefore, he was unable to assume the risks he was taking when he agreed to enter the competition."
Marshall Hutchings is seeking monetary damages for the loss of his father. The amount of these damages is currently undisclosed.
Insider has reached out to Derek Franks, president of Fresno Sports and Events, for comment. The Fresno Bee reported that Franks declined to comment on Monday.
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