City Council OKs Settlement for Girls in Mother’s Death

The San Diego City Council gave formal approval Tuesday to a $1-million settlement for the children of an asthmatic woman who died when she stopped breathing while cleaning up sewage that had gushed into her City Heights home.

The council’s 7-1 vote gives the payment to Jenna and Megan Bolton, ages 5 and 7, whose mother died of respiratory failure Oct. 11, 1989.

The girls will receive $430,000 in cash, and $570,000 will be spent to purchase an annuity that will pay them about $4 million over several years, according to their attorney.

Councilman Abbe Wolfsheimer voted against the deal. Councilman Wes Pratt was absent. Wolfsheimer was concerned that the settlement would set a precedent that others with allergies or asthma might use to recover damages from the city after sewage spills.

In a claim filed in September, 1990, Hallen alleged that the city was negligent in the way it repaired a blocked sewage pipe in the 3600 block of Cherokee Street, causing a fountain of sewage to pour into Carol Bolton’s home.

Hallen alleged that “something in the sewage” provoked an allergic reaction or poisoning of Bolton, and that city repair crews failed to warn residents of the risk.

A trial court judge must approve the settlement.