Legal battle awaits state high court decision

Five years after Steven Allen Abrams barreled his Cadillac onto a

preschool playground, pinning two children under his car and killing

them, a court battle continues between the children’s parents and the

school’s director.

The fight centers on a wrongful death civil lawsuit, filed by the

families of Sierra Soto and Brandon Wiener, that accuses the director

of Southcoast Early Childhood Learning Center, Sheryl Hawkinson, and

the Lighthouse Coastal Community Church, of negligence.

The case has meandered its way through the legal system and is now

awaiting the decision of the state Supreme Court, which is expected

to rule any day if the case should go to trial.

An Orange County Superior Court Judge ruled for the school and

church. But the Appellate Court reversed that decision, noting that

the parents did have a legitimate case. The school and church then

appealed that decision, sending it to the high court.

School authorities put the children in danger by allowing them to

play in an area that was four feet away from a busy street, said Evan

Ginsburg, attorney for the Wieners.

“The children were separated from the street by a chain-link fence

that was inadequate,” he said. “If Mr. Abrams had died in the

incident, the school would have been liable. But just because he

lived and admitted to doing it on purpose, it’s not fair to say that

[the school or the church] cannot be held responsible.”

The preschool closed about a year after the incident and Hawkinson

is said to have moved out of the area. She could not be reached for

comment.

Jon McKay, attorney for the church, said it is against the law to

hold property owners liable for a crime that occurred on their

premises.

The parents remain steadfast in their belief, however, that both

the school and the church must be held responsible.

“This case needs to go to trial,” said Brandon’s mother, Pam

Wiener. “It was clearly something that could’ve been prevented had

the school thought about putting up a block wall or some bollards to

protect the children.”

The lawsuit is “not about money,” she said.

“It’s about changing public policy,” Wiener said. “It’s nothing

personal against anyone.”

Sierra’s mother, Cindy Soto Beckett, said she is pursuing the

lawsuit because she “couldn’t see another way to enhance safety

standards.”

“I don’t want to see another parent go through what I had to go

through,” she said. “My motive here is to make a change and

unfortunately, the only way I can do that is by going through the

system.”