State Will Pay $1.5 Million in Birth Accident

In the midst of jury deliberations, the parents of 4-year-old Michael Burton accepted $1.5 million from the State of California on Friday for birth defects he suffered in a premature delivery after a traffic accident.

Michael and Susan Burton alleged that the California Department of Transportation inadequately designed and maintained the stretch of Pacific Coast Highway where the accident took place.

The Burtons said their only son suffers from cerebral palsy, can move only with a walker and will never be able to support himself or live without constant care.

While not admitting any liability, lawyers for the state agreed to the settlement, which cut short jury deliberations. The case was heard by Orange County Superior Court Judge David G. Sills.

Car Jumped Median

The accident occurred when a car driven by Barbara Welch jumped the center divider on a portion of the Pacific Coast Highway between Golden West Street and Warner Avenue in Huntington Beach, hitting the Burtons’ car.

Welch died, and Susan Burton, then six months pregnant, gave birth prematurely. She and her husband were seriously injured.

Evidence at trial fixed Welch’s blood alcohol level after death at .28. A witness testified that the Burton car was speeding.

William J. Howard, attorney for the Burtons, argued that a narrow divider on the highway contributed to the accident. He said that once Welch hit the divider, her car was forced into the air, heading into oncoming traffic.

Statistics indicated a heavy concentration of accidents in the area for many years, Howard said.

The Burtons have spent more than $100,000 in care for their son. Medical experts testified that the child suffers from permanently diminished mental capacity and will never have an IQ exceeding 70.

Welch’s estate contributed $30,000 to the settlement.

“With the jury being out and with the type of questions they asked, we thought it would be best to settle,” said Anthony J. Ruffolo, deputy chief counsel for the Los Angeles regional legal office of the Department of Transportation.

“The child suffered from cerebral palsy caused by a miscarriage. The damage would be great,” said Ruffolo. “The jury was beginning to ask questions about damages, rather than liability.”