Trial Magazine

Dutch Abbott, 8, swam at Hot Ditch water ponds, man-made hot springs located on public property owned by the Los Angeles Department of Water and Power (LADWP). He came in contact with Naegleria fowleri, a brain-eating amoeba, and developed an infection that led to his death several days later. He is survived by his parents.

They sued LADWP for wrongful death. The plaintiffs claimed that the presence of the amoeba in a public water pond constituted a dangerous condition of public property and that the defendant should have known about the danger and taken appropriate action. The plaintiffs also named LADWP’s lessee, which leased property supplying water to Hot Ditch.

The defense argued that it lacked notice and that public immunities—including for natural conditions, prevention of disease, and recreational use—precluded liability.

The parties settled for $5 million.

Citation: Abbott v. Los Angeles Dep’t of Water & Power, No. 19STCV38052 (Cal. Super. Ct. Los Angeles Cnty. May 2024).

Plaintiff counsel: AAJ members Arash Homampour and Scott E. Boyer, both of Los Angeles.