King v. El Paraiso Del Pacifico, Inc., d/b/a Taqueria El Paraiso

2024 IL App (2d) 230026

No. 2-23-0026

Opinion filed April 9, 2024

The article summarizes a legal case opinion from the Second District Appellate Court of Illinois regarding Darius King's negligence claim against a restaurant doing business as Taqueria El Paraiso. The case arises from an incident where a vehicle driven by Melanie Sanders crashed into the restaurant and injured King, who was a customer at the time.

King initially sued both Sanders and the owner of the restaurant, alleging negligence. He claimed that the restaurant failed to ensure customer safety by not maintaining the parking layout properly, not providing sufficient barriers to prevent vehicles from crashing into the dining area, and allowing parking directly in front of the restaurant.

The trial court granted summary judgment in favor of the restaurant, ruling that it did not owe a duty to protect against such unforeseeable incidents and that there was no evidence suggesting that additional barriers would have prevented King's injuries. King appealed this decision, arguing that the vehicle crash and his resulting injuries were foreseeable and that the restaurant could have implemented measures to prevent such accidents.

The Appellate Court reversed the trial court's decision, stating that the crash was reasonably foreseeable and that the restaurant did owe a duty of care to protect its customers from potential vehicle accidents. The appellate opinion highlights that reasonable safety measures could have potentially prevented the crash or lessened its impact, suggesting that the case should be considered by a jury to determine if the restaurant's negligence was a proximate cause of King's injuries.

In summary, this legal case delves into the responsibilities of businesses to protect their patrons from possible harms, emphasizing the need for appropriate safety measures to prevent foreseeable accidents.

If you’ve been struck by a motor vehicle you should seek assistance from a lawyer experienced in collision cases.

For more direct answers to your questions, call Steve Giacoletto at the Giacoletto Law Firm at 618-346-8841 or toll-free at 888-346-8841 to speak today with an experienced Madison County, St. Clair County, and Southern Illinois accident and injury lawyer  located in Collinsville, Illinois.

Steve Giacoletto
Collinsville Personal Injury Attorney