Marshall and Sons’ Food Lawsuit Over Fatal Taco Contest

The Fresno Grizzlies taco-eating contest lawsuit was filed on April 5, 2021, in Fresno County Superior Court by Marshall Hutchings, whose father Dana Hutchings choked to death during an amateur contest at a Grizzlies game in August 2019. The wrongful death complaint names Fresno Sports and Events, LLC, the company that owns the minor league team, and alleges negligence and gross negligence in how the promotional event was run.¹

What Happened at the Contest

On August 13, 2019, Dana Hutchings, 41, entered an amateur taco-eating contest at Chukchansi Park during a Fresno Grizzlies game. The contest promoted the “9th annual Taco Truck Throwdown” scheduled for the next day.¹ A witness, Matthew Boylan, said Hutchings was “eating much more quickly than the two other contestants and did not appear to be chewing his food.”²

About seven minutes in, Hutchings collapsed, struck his face on a table, and fell to the ground. Emergency room staff tried to clear food from his airway, but resuscitation failed.² An autopsy by the Fresno County sheriff-coroner’s office on August 15, 2019, ruled the cause of death choking. The complaint later described the obstruction as “a mouth full of chewed and unchewed tacos” blocking his respiratory system.³

Who Filed the Suit and Where

Marshall Hutchings, Dana’s son and sole heir, was 18 when he filed the case in the Superior Court of California, County of Fresno, under case number 21CECG00941. The eight-page complaint names Fresno Sports and Events, LLC and unnamed defendants (Does 1 through 20), and asserts two causes of action: negligence and gross negligence.¹ Marshall is represented by attorneys Martin Taleisnik and Corina Burchfield of the Sawl Law Group in Fresno.⁴

He is seeking compensatory and non-economic damages in an amount exceeding the court’s jurisdictional minimum, along with a jury trial. The specific dollar figure has not been made public.¹

What the Complaint Alleges

The complaint claims Fresno Sports and Events failed to disclose the risks of an amateur eating contest, so Dana Hutchings entered “with limited information on all the risks he was agreeing to.”⁵ It also alleges:

No medical technicians or medical response team was on site to begin lifesaving procedures if something went wrong.⁴
The organizers lacked the “competence and/or experience to safely carry out an eating competition of that nature.”⁴
Alcohol was available and consumed during the event, adding to the risk for participants.¹

The Assumption of Risk Argument

Assumption of risk is a standard defense in cases involving inherently dangerous activities, and the complaint takes it on directly. It argues that Dana Hutchings’ assumption of risk “was distorted” because the organizers withheld critical safety information, leaving him “unable to assume the risks he was taking when he agreed to enter the competition.”⁵ The complaint draws a distinction between professional eating competitions, where participants train and prepare, and this amateur event, where those protections and disclosures were allegedly absent.⁶

Where the Case Stands

The available court filings consist of the initial complaint, and no public reporting has documented a final ruling, settlement, or dismissal. Fresno Sports and Events has not filed any publicly reported response, and Derek Franks, president of the company, declined to comment on the litigation when the suit was filed and has continued to decline since.⁷ 5

1
ABC30 Action News. Marshall Hutchings v. Fresno Sports and Events, LLC – Complaint for Wrongful Death
2
ESPN. Choking Caused Taco-Eating Contest Death
3
Newsweek. Family of Man Who Died in Taco Eating Contest Sues for Negligence
4
Your Central Valley. Family of Man Who Died During Fresno Taco Eating Contest Sues Grizzlies Owner
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The Fresno Bee. Family of Man Who Died in Taco-Eating Contest Sues Grizzlies Owner
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Metro. Son Sues After His Dad Died During Taco Eating Contest
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Los Angeles Times. Family Sues Over Fresno Man’s Death in Taco-Eating Contest