Parents file wrongful death lawsuit over Burlingame crash that killed 4-year-old son
The parents of a four-year-old boy killed in a crash in Burlingame last year have filed a wrongful death lawsuit against the city, claiming more could have been done to prevent the collision outside a restaurant.
The lawsuit alleges the city knew of dangerous conditions in the area where Ayden Fang was killed, including a parking spot they say should have been eliminated before the tragic collision.
Holding back tears, Ayden's father described an unimaginable loss and the heartache of a family still grieving for their child.
"He was cheated of his years, his toddler brother was robbed of a loving sibling and a best friend for life," said Xiaoming Fang.
According to the complaint, a 19-year-old driving an SUV was trying to exit a parking lot on Donnelly Avenue in Downtown Burlingame when she collided with an 11-year-old riding an e-bike with his 10-year-old sister on board.
The SUV driver then allegedly accelerated instead of braking, jumped the curb, and struck Ayden on the sidewalk.
"My wife and I were denied the sacred right of watching Ayden blossom through his teenage and adult years," said Fang.
The lawsuit alleges the city knew that a parking space close to where Ayden was struck created dangerous visibility conditions, but did not remove that spot until after the fatal crash.
"Cars were allowed to park right up to the edge of a driveway, which prohibited vehicles that were exiting that driveway from seeing," said attorney Niall McCarthy.
The complaint also names the driver, Mari Abey, her parents who owned the SUV, and the parents of the e-bike rider as defendants.
Ayden's parents say this is their only avenue to create safer pedestrian conditions, and that all parties need to be held accountable for the fatal collision.
"We need to examine the root causes of why they happen, take steps to prevent them from happening again, and try to make the Bay Area a safer place," said McCarthy.
Ayden's mother held onto the LEGO structure her son had made just two days before he was killed.
"We're grateful for everyone working together to transform our suffering, to honor Aiden's legacy, and to affect positive changes," said his mother, Ting Ting Liu.
San Mateo County prosecutors chose not to file criminal charges against the SUV driver, saying there was not enough evidence in a vehicular manslaughter case.
CBS News Bay Area reached out to the Burlingame city attorney, but did not immediately receive a response.