Burlingame family sues after death of 4-year-old son

The family of a 4-year-old boy killed last summer in a downtown parking lot has filed a wrongful death lawsuit against the city of Burlingame.

The lawsuit names the city of Burlingame, the 19-year-old driver, her parents and the parents of the 11-year-old e-bike rider.

The city of Burlingame did not immediately respond to a request for comment.

Ayden Fang was playing outside a restaurant on Donnelly Avenue last August when a car pulling out of a parking lot struck and killed him. The San Mateo County District Attorney's Office declined to file criminal charges against the 19-year-old driver in the case.

The family's civil suit alleges the driver's view was obstructed by a large SUV parked near the driveway and that the city was aware of the hazard. The lawsuit also contends that an 11-year-old riding an e-bike contributed to the crash by colliding with the driver's vehicle.

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Family attorney Niall P. McCarthy said the presence of a young child operating an e-bike on a city street raised broader public safety concerns, arguing that more accidents would occur without government action on e-bike regulation.

"The idea that we have an 11-year-old driving around with their younger sibling on a city street is preposterous," McCarthy said on Thursday. "There's going to be more accidents until the government does something about e-bikes." 

Ayden's father, Ming Fang, called on the community to prevent similar tragedies. 

"We should not and cannot let another family suffer again," Fang said. "Today, we seek justice for Ayden, for his brother, for our family, for our community. "

Burlingame