City of Fresno to pay $1.15m to Donovan Maldonado's family in DUI death

The city of Fresno and the drunken driver who killed 7-year-old Donovan Maldonado in a crosswalk near Woodward Park two years ago have agreed to pay the boy's family more than $1 million to settle a civil lawsuit, according to the family's attorney.

The city will pay the family $1.15 million and Loren LeBeau, who went to prison for killing the youth, will pay $100,000 from his car insurance, said Fresno attorney Warren Paboojian, who represents Donovan's family.

In addition, the city has agreed to name a new recreation center after Donovan, Paboojian said. The center is being built on Gettysburg Avenue, just west of Polk Avenue.

"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.

The City Council approved the settlement Thursday.

City Manager Bruce Rudd said a trial would not serve anyone's best interests. He said city officials believe the settlement "is the best way to move forward."

Rudd said the boy's death was a tragedy.

Donovan was with his family when he was hit in a crosswalk on Shepherd Avenue between Millbrook and Perrin avenues in the evening hours of July 25, 2012.

Donovan was fatally injured after he was dragged under LeBeau's car for more than 800 feet, according to police estimates. His father, Jesse Maldonado, also suffered serious injuries. Donovan's younger sister, Bella, then 18 months, was near death and had to be revived at the hospital.

In August last year, LeBeau, who was the Central High basketball coach, was sentenced to 12 years in prison after pleading no contest to charges of gross vehicular manslaughter, hit-and-run causing death and injuries, and drunken driving.

After the boy's death, his family sued the city and LeBeau in Fresno County Superior Court for wrongful death and negligence.

In court papers, Paboojian argued that the Shepherd Avenue crosswalk was dangerous because of its length, angle and location between two high-traffic intersections that are controlled by traffic lights.

In addition, Paboojian said the city knew about "the dangerous condition" long before Donovan was killed, because in October 2009 the city asked the U.S. Department of Transportation for grant money to build an underpass beneath Shepherd to replace the mid-block crossing.

The underpass for the Sugar Pine Trail beneath Shepherd has been open nearly a year. The crosswalk no longer exists.

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 Sugar Pine Trail where it crosses Shepherd. By law, cities aren't liable if someone is hurt or killed on a recreational or park trail.

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 Jeffrey Hamilton's ruling was a win for the public.

"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 Donovan Maldonado in the near future."

This story was originally published September 25, 2014 at 4:40 PM.