On Jan. 29, 2015, at around 9:30 a.m., plaintiffs’ decedent Diego Estrada, 9, was walking with his sister, plaintiff Zujey Ramirez, 17, to school. (Diego and Zujey were enrolled in the Parlier Unified School District.) As they walked along Tuolumne Street, toward Madsen Avenue, in Parlier, they were struck by a pickup truck operated by Jesus Maciel, 17, who had lost control. It was foggy that morning, and Parlier Unified School District had cancelled its buses due to the fog. Diego and Zujey lived more than a mile from the elementary school and would normally ride the bus to school. However, Parlier Unified School District had a long-standing policy that required students to walk to school on foggy days, even when school buses were grounded, and that if a student was unable to attend school on a foggy day, he or she would allegedly receive an unexcused absence in accordance with the policy. Prior to the accident, Jesus stopped for a traffic sign on Tuolumne Street, at the intersection with Madsen Avenue. As he turned left, he lost control, hit a wall, and then struck Diego and Zujey. Diego died on impact, and Zujey suffered facial . Jesus was ultimately charged with a misdemeanor in juvenile court for vehicular manslaughter. Diego and Zujey’s parents, Juan Estrada and Angelica Hernandez, acting individually and on behalf of Zujey, sued Jesus and Parlier Unified School District, asserting claims of negligence. The owner of Jesus’ truck, Rosendo Maciel, was also sued, but he was ultimately dismissed prior to trial. Plaintiffs’ counsel noted that how much a school receives in state funds depends on its average daily attendance; the higher the attendance, the more funding it receives. Counsel maintained that the school district’s intent to maximize state funding based on student attendance placed students in danger by requiring them to walk to school in unsafe conditions. Plaintiffs’ counsel cited a letter the superintendent sent to parents a day after Diego was killed, which informed parents that their students would not be penalized for being tardy or absent because of the fog. Thus, counsel argued that the letter was a way for the superintendent to waive any liability, as it was the first time the school district had put in writing that parents could keep their children at home on foggy days. The plaintiffs’ school administration expert opined that Parlier Unified School District’s policy jeopardized students’ safety and that the policy should be eliminated. In addition, plaintiffs’ counsel argued that Jesus was negligent in the operation of his vehicle, causing the collision. The school district’s counsel maintained that Jesus, an unlicensed driver, caused the accident and was responsible for both Diego’s death and Zujey’s . The accident was not caused by fog, but by an inexperienced driver negligently losing control of his vehicle and causing the accident, counsel argued. The school district’s counsel contended that it had always been the practice of the schools to not penalize students that were either tardy or absent due to fog when advised by the parents. The district’s counsel also faulted Diego’s parents, contending that they should have known better then to send Diego and his sister to school when they believed it was unsafe to do so and that, instead, they should have kept their children home that day. Counsel noted that Diego’s parents had kept him home from school on earlier foggy days without any issue and argued that Diego’s mother was aware that Diego would not be penalized for being absent on a day when the buses had been cancelled. The school district’s counsel further argued that Parlier Unified School District was absolutely immune from any liability for any to Diego and/or Zujey that were caused on their way to school pursuant to Education Code § 44808, which provides that the school district is not liable for to students that occur off-campus when they have not endeavored to provide transportation. Since Parlier Unified School District had cancelled the buses that morning — as it had done in the past — the school district was not providing transportation to Diego and Zujey and, therefore, should not have been held responsible for any damages, counsel argued. Parlier Unified’s school administration expert testified that the school district’s policy regarding student attendance in foggy conditions complied with all applicable laws and policies and that it was no different from any other school district in California. Jesus did not contest or stipulate to liability., Zujey sustained facial lacerations and bruising. She was subsequently taken by ambulance to an emergency room, where she received multiple stitches to a laceration over her left eye. Other than follow-up visits with her family physician, no further treatment was rendered. Zujey was left with a scar over her left eye, and she alleged that she suffers emotional distress as a result of seeing her brother killed. Thus, she sought recovery of damages for her past and future pain and suffering. Diego sustained multiple traumatic and died at the scene. He was 9 years old. He is survived by his parents and sister. Diego’s parents testified that their son was a smart child who was well-liked, very pleasant, and had a great attendance record. Thus, they sought recovery of damages for Diego’s past pain and suffering, as well as recovery of wrongful death damages for the loss of comfort, loss of society, and compassion.