The State - News from April 26, 1988

Allstate Insurance Co. has agreed to pay up to $6.5 million to the parents of a 2-year-old San Jose boy permanently disabled after he fell into an unkempt swimming pool, attorneys said. Herbert Lopez Jr. fell into the back yard swimming pool Jan. 28, while his mother was busy hanging clothes. Paramedics found him under a thick layer of algae and trash that was floating on top of the water. Herbert’s parents, who were renting a converted garage-apartment on the property, filed a claim against the homeowners. Under the settlement, Allstate will pay $1,115 a month to Herbert and his parents. If Herbert lives to be 77, the settlement will amount to $6.5 million, said Roy Harper, attorney for Estella and Herbert Lopez Sr. Even if Herbert dies young, the parents are guaranteed 30 years of payments. “It is a permanent brain damage situation,” Harper said.