High court rules against parents’ suit

Deepa Bharath

The families of two children who died after a man plowed through

their preschool playground cannot hold the school and its landowner

responsible for the tragedy, the California Supreme Court ruled

unanimously on Thursday.

On May 3, 1999, Steven Allen Abrams drove his brown 1967 Cadillac

through a chain-link fence at South Coast Early Childhood Learning

Center, killing 4-year-old Sierra Soto and Brandon Wiener, 3, and

injuring several others.

The families of the children sued Sheryl Hawkinson, who owned the

preschool at the time, as well as Lighthouse Coastal Community

Church, where the preschool was located.

An Orange County Superior Court judge ruled in favor of the school

and church in January 2001. But the Appellate Court reversed that

decision in April 2003, noting that the parents did have a legitimate

case. The school and church then appealed that decision, sending it

to the high court.

Supreme Court Justice Ming Chin concluded in his written opinion

that the school and the church could not have been expected to

foresee such an incident, as the parents alleged.

“Without prior similar acts or even any indication of prior

criminal acts or intrusions of any type in the surrounding

businesses, defendants here could not have been expected to create a

fortress to protect the children, or to take further steps to deter

or hinder a vicious murderer, unconcerned about the safety of

innocent children, from committing his crime,” Chin wrote.

Brandon’s mother, Pam Wiener, said the decision “is devastating”

for the family.

“The justice system sucks,” she said. “I think they’re wrong.”

Wiener said she believes the school must be held accountable and

that they had a responsibility to provide a safe environment for the

children.

“I’m not saying the school should have built a fortress,” she

said. “All I’m saying is that they should have put up a block wall or

some bollards. Those are just basic safety measures, which would have

deterred [Abrams’] attempt.”

Sierra’s mother, Cindy Soto Beckett, was not available for comment

on Thursday. But she has said in the past that she understands why

the courts struggle with this case.

“What I’m trying to do here is change the law and public policy,”

she said. “And you have to go against the grain to do that,

sometimes. But, I guess it’s difficult and unfortunately it’ll

probably only happen after more children get killed somewhere else.

It’s sad.”

Thursday’s decision is a victory for landowners, said John McKay,

the attorney representing the church.

“It’s a tragic case and I’m sorry for the facts of this case,” he

said. “But this man used his car as a weapon like he may have used

gun. How could the landowner be responsible for a crime like that?”

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at [email protected].