Drive-By Shooting Suit Dismissed

A state appeal court has thrown out a lawsuit filed against the owner of a Linda Vista skating rink by a youth left paralyzed in 1984 after a drive-by shooting outside the building.

The 4th District Court of Appeal in San Diego dismissed the suit by Tuan Hoang Thai, saying rink owner Gray Stang had no duty to protect Thai from an unforeseeable shooting.

Thai was standing outside the entrance of Skateworld Roller Rink on Oct. 6, 1984, when the occupants of a passing car sprayed the building with fire from an automatic rifle. Thai, who was 15 at the time, was not the intended victim, but he was struck in the spinal cord and paralyzed.

An 18-year-old, Ly Gong Vo, whom prosecutors believed to be the driver of the car when the passengers--all juveniles--opened fire, pleaded guilty in April, 1985, to assault with a deadly weapon and was sentenced to a year in County Jail. The juveniles served time with the California Youth Authority after being convicted of assault with a deadly weapon.

Meanwhile, Thai sued Stang, alleging he had maintained his business negligently and claiming Stang knew of numerous incidents of violence in the parking lot and failed to provide adequate security for customers. Stang denied those allegations and said there had never been a shooting on the premises while he ran the rink.

San Diego Superior Court Judge Vincent Di Figlia dismissed Thai’s suit Oct. 14, 1987. Thai appealed, but, in a decision issued Wednesday, the 4th District Court affirmed Di Figlia’s decision.

“Given the random nature of drive-by shootings, which makes them difficult to police against, we do not discern how Stang could have prevented Thai’s injuries,” Judge William L. Todd Jr. said.

Judges Daniel Kremer and Charles Froehlich joined in the opinion.