The Kendall County State’s Attorney’s Office is reviewing the findings of the Oswego Police Department’s investigation into the July 30 fatal crash at the Portillo’s restaurant in Oswego.

A 2-year-old boy was killed when a car crashed into the front entrance of the restaurant. The family of the boy is seeking more than $100,000 in damages as part of a lawsuit it has filed against Portillo’s.

“We’ve handed it off to the State’s Attorney’s Office for review,” Oswego Police Chief Jason Bastin said. “The investigation is still considered open until they get back to us because the State’s Attorney’s Office could advise us of different things.”

Oswego police have been investigating what caused the driver of a 2011 Lincoln MKZ Sedan to crash into the entrance. The vehicle was driven by a 50-year-old woman from Canton, Michigan, who was the only occupant in the vehicle, police said.

It is not known if the driver was having a medical emergency at the time of the crash. The State’s Attorney’s Office will decide if charges are warranted.

“Typically, when we send cases over, three things could happen,” Bastin said. “One, they could approve charges, not approve charges or they may tell us, ‘Hey, can you look into this or look into that?’ And that’s the reason why we have them review those cases. This is a very in-depth investigation. So it takes them a while to review everything we’ve done.”

In the suit, it states the driver “while maneuvering into a parking space directly in front of the restaurant’s entrance, suddenly accelerated the 2011 Lincoln MKZ forward, causing the vehicle to jump the curb, crash through the front of the restaurant, and fatally strike plaintiff’s decedent.”

All of the 13 victims, including the toddler, were in the restaurant at the time of the crash. Eight people, including the 50-year-old driver of the vehicle, were taken to area hospitals.

With the exception of the 2-year-old child, the individuals taken for injuries ranged in age from their 20s to their 60s.

Five other people were treated at the scene and declined further medical treatment.

Portillo’s is in the process of installing protective barriers in front of the restaurant, including bollards. A bollard is a short vertical post used to manage traffic and parking around areas where there are a lot of pedestrians.

“Not only are they doing bollards, but they’re putting in parking stops as well,” Oswego Village Administrator Dan Di Santo said.