On July 25, 2012, at around 9 p.m., plaintiffs’ decedent Donovan Maldonado, 7, was with his family, riding his bicycle across Shepard Avenue, between Millbrook and Perrin Avenues in northeast Fresno, when they were struck by a vehicle operated by Loren LeBeau. Donovan’s father, plaintiff Jesse Maldonado, an employee of the Pacific Gas and Electric Co., and younger sister, plaintiff Bella Maldonado, 18 months old, were struck by the vehicle. Donovan was also struck and became caught under LeBeau’s vehicle, causing Donovan to be dragged for more than 800 feet. He ultimately died from his . Donovan’s mother, plaintiff Maria Greer, and sisters, Brianna Maldonado and plaintiff Adriana Maldonado, were present at the time of the accident, but they were not hit by the vehicle. LeBeau admitted to drinking beer prior to operating his vehicle, but claimed he did not see or hear Donovan prior to the accident. He ultimately pleaded no contest to felony charges of gross vehicular manslaughter while intoxicated, hit-and-run causing death and , and drunken driving. LeBeau was subsequently sentenced to 12 years in prison. Greer and Jesse Maldonado, acting individually and as the guardian ad litem for Bella and Adriana, sued LeBeau and the maintainer of the roadway, the city of Fresno. Greer and Maldonado claimed that LeBeau was negligent in the operation of his vehicle and that the city was negligent for poorly designing the subject crosswalk on Shepard Avenue. LeBeau agreed to tender his $100,000 policy limits. Thus, the matter continued against the city only. Plaintiffs’ counsel contended that the crosswalk on Shepard Avenue was poorly designed, in that it had poor lighting and signage. Counsel also contended that the design of the crosswalk at its location was improper, in that it was situated between two signaled intersections less than 400 yards from each other. Plaintiffs’ counsel asserted that the city knew, or should have known, that it negligently planned, designed, constructed, maintained and/or managed the subject crosswalk, creating a dangerous condition of public property. The city’s counsel contended that the subject crosswalk was part of a 13-mile planned trail called the Sugar Pine Trail. Thus, counsel moved for summary judgment, arguing that the crosswalk was part of a trail and that the city had absolute immunity to the plaintiffs’ claims., Donovan sustained multiple traumatic while being hit and dragged by LeBeau’s vehicle. He ultimately died as a result of his . Donovan is survived by his family, including his parents and sisters Bella, Adriana and Briana. Thus, Donovan’s family sought recovery of wrongful death damages for the loss of their only son and brother. Donovan’s father, Jesse Maldonado, sustained a fracture of his right leg. He was subsequently hospitalized for his injury. The fracture has since healed. One of Donovan’s sisters, Bella, sustained a traumatic brain injury in the accident. Her injury has also resolved. Donovan’s mother, Maria Greer, and another of his sisters, Adriana, witnessed Donovan’s death at the scene. Thus, they brought Dillon v. Legg claims against the defendants, alleging emotional distress for having witnessed the incident.