Burbank Sued Over Hit-Run Death : Courts: Family contends that roadway to Castaway restaurant, where Lilia Barajas, 16, was killed, is dangerous.

The family of Lilia Barajas, who was killed on her 16th birthday when she was struck by a car as she walked down the roadway that leads to the Castaway restaurant, has filed a wrongful death suit against the city of Burbank.

The lawsuit was filed in Burbank Superior Court on behalf of Pablo and Guadalupe Barajas and Lilia’s sister, Sonia Barajas. Lilia’s date on the night of the accident, Gonzalo Espinoza, who was struck by the car as well, is also a plaintiff in the case.

“The roadway was in a dangerous condition at the time of the accident,” said the family’s attorney, D. Wayne Leech. “The city owns the land and has turned its back on that street.”

The family filed a claim against the city last spring over the Nov. 11 hit-and-run accident, and in late October the Burbank City Council denied it.

Burbank’s chief assistant city attorney, Juli Scott, said the city has not yet been served with the lawsuit, but added that city officials don’t believe they are responsible.

“It was a tragic accident,” Scott said. “But it was not because of the design of the street. It was a hit-and-run accident.”

Leech said the family feels differently.

“My clients are looking for some financial return because they lost a major part of their family,” said Leech. “But they are also looking to persuade the city to correct the horrible situation there.”

The long, winding roadway leading to the lower parking lot, Harvard Road, is dangerous, with little lighting and no sidewalks, Leech said. The yellow lines that divide the street are faded and hard to see, he said. Although a shuttle service is provided by the restaurant, “once people exit, they don’t want to wait around for the next shuttle, which could be 10 to 15 minutes,” Leech said.

The lawsuit seeks an undetermined amount of damages for wrongful death, loss of consortium and miscellaneous expenses. Lilia’s medical and burial expenses exceeded $30,000, he said. Gonzalo, whose arm was broken in the accident, is claiming damages for $7,000 worth of medical bills.

The city owns the property and leases the restaurant to Specialty Restaurants, which was also named as a defendant in the lawsuit filed last week.

On the night of the accident, Lilia, a Glendale High School student, was dressed in a tight black dress and platform shoes and was on her first date. She headed to the Castaway restaurant for her high school’s homecoming dance with Gonzalo, an Allan F. Daily High School student.

Gonzalo of North Hollywood said that as he and Lilia left the restaurant after the dance and walked down the roadway, they noticed a car speeding toward them with headlights on.

Gonzalo urged Lilia to cross the road immediately, but she struggled in her platform shoes. Both crossed the center divider and were struck as the car swerved into the lane for oncoming traffic.

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The driver of the car that struck the young couple was never found, Leech said.

Scott said the condition of the street is not a problem.

“Somebody crossed over the yellow lines, drove on the wrong side of the road and hit these two kids,” Scott said. “This would have happened if a klieg light was there.”

Scott also said the teen-agers did not take advantage of the shuttle service that was offered to students who parked in the lower parking lot.

“This is just a mechanism for trying to tap into the city’s deep pockets,” Scott said.