City of Fresno to pay $1.15m to Donovan Maldonado’s family in DUI death
By Pablo Lopez, The Fresno Bee | |
McClatchy-Tribune Information Services |
The city will pay the family
In addition, the city has agreed to name a new recreation center after Donovan, Paboojian said. The center is being built on
"It's a good gesture by the city," Paboojian said, noting that city officials raised the idea to put Donovan's name on the center before the settlement was finalized.
City Manager
Rudd said the boy's death was a tragedy.
Donovan was with his family when he was hit in a crosswalk on
Donovan was fatally injured after he was dragged under LeBeau's car for more than 800 feet, according to police estimates. His father,
In August last year, LeBeau, who was the
After the boy's death, his family sued the city and LeBeau in
In court papers, Paboojian argued that the
The underpass for the
Winning the case in front of a jury, however, would have been difficult. The jury could have said LeBeau was responsible for the boy's death.
And in court papers, the city argued that it was immune from liability because Donovan was killed on the
But Paboojian contended the crosswalk was part of a Fresno street and the city failed to prove otherwise to receive immunity.
In December last year, a judge agreed with Paboojian and allowed the lawsuit against the city to go forward.
At the time, Paboojian said Judge
"It holds the city accountable for poor planning decisions that put the public at great risk," he said. "Donovan's family deserves a shot in front of a jury."
If the case had gone to trial, Donovan's family could have received millions of dollars in damages because his death was horrific, Paboojian said.
He said he weighed the risks of going to trial.
The jury could have blamed LeBeau, who was remorseful in his deposition, and let the city off the hook, he said.
In the end, all three parties -- the city, LeBeau and Donovan's family -- said it was in their best interest to settle without placing blame, Paboojian said.
"All parties are satisfied with the settlement and believe that the settlement is a fair and reasonable settlement," Paboojian said.
The Maldonado family "wishes to express their gratitude for all of the community support they received during this difficult time," Paboojian said. "They are also grateful that the city of Fresno is naming a center on behalf of
Staff writer
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