Parents Of 4-Year-Old Killed In Crash File Wrongful Death Lawsuit Against SMC City

BURLINGAME, CA — The parents of a 4-year-old, who was killed in a crash outside a Burlingame restaurant last year, have filed a wrongful death lawsuit Thursday against the city, claiming the municipality failed to address known dangerous conditions that contributed to the collision, according to the lawsuit.

On August 8, 2025, Ayden Everest Fang, of Burlingame, was fatally struck on the sidewalk around 6:25 p.m. at Truffle Poke Bar on the 1200 block of Donnelly Avenue, and a 6-year-old girl was also injured. Police had initially said the 19-year-old driver, identified as Mari Abey, remained at the scene and cooperated, with neither alcohol nor drugs appearing to be factors.

According to the complaint, Abey was attempting to exit a parking lot in an SUV when she first collided with an 11-year-old on an e-bike, who had his 10-year-old sister aboard; she then accelerated instead of braking, jumped the curb, and fatally struck Ayden, the lawsuit states.

The lawsuit claims the City of Burlingame was aware of visibility issues in the area where Fang was struck and killed, specifically pointing to a parking space near the collision site that should have been removed prior to the fatal incident. The complaint notes that the city did not eliminate the problematic parking spot until after the crash.

“This tragedy was preventable on multiple levels. Ignoring basic safety caused this result,” said Niall McCarthy, the Fang’s attorney.

Beyond the city, the lawsuit names the driver, Mari Abey, her parents who owned the SUV, and the parents of the e-bike rider as defendants.

"Our sincere hope in bringing this case is that we will make our community safer for other families,” said Xiaoming Fang, the boy’s father.

The civil action comes after San Mateo County prosecutors declined to file criminal vehicular manslaughter charges against the SUV driver, citing a lack of sufficient evidence for a criminal conviction.

The city attorney for Burlingame did not immediately respond at the time of publication.