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.”

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