Dana Hutchings, 41, entered a taco eating contest during a Fresno Grizzlies game in 2019. He choked and died during the contest and now his son has filed a lawsuit against the baseball team.

The son of a man who died from a taco eating contest is suing for wrongful death.

Dana Hutchings, 41, died after choking during a taco eating contest during a Fresno Grizzlies game. His son has filed a wrongful death lawsuit claiming that the event organizers were not equipped to host the event. Furthermore, the lawsuit claims that the organizers failed to provide a medical response team.

“People say all the time he knew what he was getting into, well clearly he didn’t,” Martin Taleisnik, an attorney representing Hutchings’ son, Marshall told CBS17.

Marshall and his attorney are pushing back at the notion that Dana should have known better.

People have sounded off on social media criticizing the family for filing the lawsuit. Yet, the family and their attorney are calling attention to the lack of information given to contestants.

“If you don’t know all the pitfalls, how can you truly be consenting and participating freely and voluntarily? It’s a risk that resulted in a major loss to Marshall,” Taleisnik told CBS17.

Dana’s family is seeking a monetary settlement from the Fresno Grizzlies owners.

The wrongful death lawsuit names Fresno Sports and Events as the responsible party. The lawsuit also notes that alcohol was made available to contestants and added to the likelihood of the tragedy.

“We are devastated to learn that the fan that received medical attention following an event at Tuesday evening’s game has passed away. The Fresno Grizzlies extend our heartfelt prayers and condolences to the family of Mr. Hutchings,” a statement from the Fresno Grizzlies read after the death in 2019. “The safety and security of our fans is our highest priority. We will work closely with local authorities and provide any helpful information that is requested.”

READ: Kobe Bryant’s Wrongful Death Lawsuit Has Tragically Been Moved To Federal Court Despite Vanessa Bryant’s Pleas

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Like many street vendors, 45-year-old Lorenzo Pérez sold food to support his family.

Married and the father of four children ages 15, 13, 9, and 1, Perez is described by friends and family as being well known amongst neighborhood residents. He was often seen working alongside his daughter who helped him on occasion. Now, the community and family who knew Perez well are in mourning, after he was shot in broad daylight while doing his job.

Perez died after he being shot in the head in southeast Fresno on Sunday afternoon.

Fresno Police were called to the scene of a possible robbery at Alta and Pierce Avenues, near Kings Canyon and Willow around 4:30 p.m. on Sunday. On the way to the scene, the police officers learned that a street vendor had been shot once in the head.

According to reports, Perez was rushed to Community Regional Medical Center where he ultimately died.

Witnesses of the murder told officers that a man had beckoned Perez to come over to him in a way that suggested he was going to purchase something from him.

According to police reports, when Perez walked up to the suspect, the man pulled out a gun and shot the vendor. He then stole a few items, which have not been identified, and flew the scene. Witnesses told police officers that they’d seen the man loitering around the area before the shooting.

A local news station reported that “Officers are now looking into surveillance footage from the area to try and identify the shooter… Through a statement, Fresno City Council President Luis Chavez announced that he will be offering a $5000 reward for information leading to the shooter’s arrest.”

“The coward that murdered our food vendor, turn yourself in and face the consequences. You’ve brought tremendous pain to a family and our city,” Chavez exclaimed in the statement.

To help the Perez family, Councilmember Esmeralda Soria set up a GoFundMe account which has already raised $141,780 out of its $125,000 goal.

Perez’s son, Isai, described his father in a recent interview as a “great man.”

“My father was a great man. He was a great father, a great husband, a great friend,” he said in an interview. “He spread love and kindness. He was about fairness, he wanted to share his happiness. He meant no harm. He didn’t deserve to go like this. The person who killed my dad took away a part of me. My dad went through everything for us. He took away my father. He took away the opportunity of me being with him in his last moments and it’s heartbreaking. I hope they find the murderer soon.”

If you have any information on the shooting please call Valley Crime Stoppers at (559) 498-STOP.

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