FRESNO, Calif. (Legal Newsline) - The family of a California man who died at a taco-eating contest in Fresno has settled with the company that put on the event.
Marshall Hutchings and a guardian representing Lilyanna Becerra submitted a notice on Sept. 26 indicating a settlement with Fresno Sports and Events. Their lawyers say they will file for dismissal within 45 days of Sept. 22.
Hutchings died after choking at a taco-eating contest at Chukchansi Park on Aug. 13, 2019. He was 41 and collapsed minutes into the event, then was later found to have his "mouth full of chewed and unchewed tacos obstructing his respiratory system," the suit said.
CPR and a defibrillator failed to revive Hutchings. He was transported to Community Medical Center and later pronounced dead.
At the time of the apparent settlement, the plaintiffs were facing a motion for summary judgment by Fresno Sports and Events that could have derailed their case. The defendant argued the assumption of risk doctrine applied and that Hutchings signed a waiver releasing it of liability.
The application read: “With respect to any and all injury, disability, death or loss or damage to person or property associated with my presence or participation, I understand the health and associated risks inherent in eating contests and in the consumption of large quantities of food and calories over both short and extended periods of time.”