Ex-Neighbors Settle Over Drowning of 3-Year-Old

The family of a 3-year-old boy who drowned in a neighbor’s backyard swimming pool on the Fourth of July last year agreed Friday to a $275,000 out-of-court settlement in a wrongful death lawsuit brought against their former neighbor.

Steven Guzman died shortly after being pulled from the pool in the 3600 block of West Oak Avenue. He and two older siblings had wandered across the street from their home, pushed open a gate and entered the backyard of the unoccupied home, which was up for sale.

The boy’s parents, Jose and Helen Guzman, sued the owner of the home, Darrell Burdette. They alleged that the backyard fence did not have a “self-latching and self-closing gate” and was in violation of a Fullerton ordinance, said Richard Stout, the family’s attorney.

“All the child had to do was push open the gate and it opened,” Stout said. “The reason for the ordinance is to prevent just this sort of thing from happening. We all know that drownings in Orange County have reached epidemic proportions, and this ordinance is one of the major ways to try and prevent those from occurring. Hopefully, this will let people become more aware of these dangers.”

There are 91,500 residential swimming pools in Orange County, nearly one for every 28 residents and five times the national average. Swimming pool drownings are the primary cause of death among children under 5 in the county.

The settlement came 10 days before a trial was scheduled to begin in Orange County Superior Court. Neither Burdette nor his attorney could be reached for comment Friday.

Steven and his 4-year-old sister, Brianna, had fallen into the pool. Their 6-year-old brother, Joseph, was able to pull Brianna to safety. He then ran back across the street to tell his father about Steven, but it was too late. Steven was pronounced dead at Martin Luther Hospital in Anaheim.

Although the family’s own house was fenced, the parents told authorities that the older child had been getting out of the yard to play with the neighbor kids.

“They think about the loss of their son and brother every day, and will never forget him,” Stout said.