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SOUTHERN CALIFORNIA RECORD

Wednesday, May 15, 2024

Taco-eating contest turns fatal; Lawsuit says man choked at Fresno event

State Court
Tacos(1000)

FRESNO - For an incident related to an amateur taco-eating competition, a Fresno County resident has filed a wrongful death suit against Fresno Sports and Events LLC and staff.

The suit was filed by attorney Martin Taleisnik on behalf of plaintiff Marshall Hutchings in the Fresno County Superior Court, according to court documents.

The suit alleges that Dana Hutchings, aged 41, collapsed “a matter of minutes” into an August 13, 2019, taco-eating competition, and was found to have his “mouth full of chewed and unchewed tacos obstructing his respiratory system.” It is alleged that staff from Chukchansi Park, where the event was held, attempted CPR and used an automatic external defibrillator (AED) on Hutchings.

The contest took place during a Fresno Grizzlies minor league baseball game, according to court documents.

The suit alleges that Hutchings was unconscious when EMS arrived on the scene. He was transported to Community Medical Center, and later pronounced dead at the medical center.

The suit argues that, unlike professional speed-eaters, amateurs are at greater risk of injury or death due to inexperience and lack of training. As a result, the suit alleges that the event organizers should have taken additional, unspecified safety precautions that may have prevented Hutchings’ death.

Marshall Hutchings is seeking damages in excess of the jurisdictional minimum.

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