Parra v. Tarasco, Inc.

Plaintiff Ernesto Parra, Jr., special administrator of the estate of Ernesto Parra, decedent, filed a wrongful death action against defendants Tarasco, Inc., and unknown owners, d/b/a Jiminez Restaurant, alleging that decedent died when he choked on a piece of food in defendant’s restaurant. The trial court dismissed the complaint pursuant to section 2 — 615 of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 615), on the basis that defendant owed decedent no duty under the common law or the Choke-Saving Methods Act (Ill. Rev. Stat. 1989, ch. SO1^, par. 601 et seq.).

The…