Thai

Tuan Thai appeals from a judgment of dismissal entered after the trial court granted a motion for summary judgment and from an order denying his motions for reconsideration and a new trial. At issue was whether Gary Stang, doing business as Skateworld Roller Rink, was liable for injuries Thai suffered as a result of a drive-by shooting that occurred as he was about to enter Stang’s business.

Facts

Shortly before 3 p.m. on October 6, 1984, Thai was standing outside the entrance of Skateworld Roller Rink when an automobile on Linda Vista Road drove by the business. The occupants of the vehicle fired shots from the automobile with an automatic rifle, “spraying” the entrance to the rink. Thai was struck twice. His spinal cord was severed and he was paralyzed. Thai was not the intended victim; rather, the target had been his companion who was a rival gang leader.

Thai’s first amended complaint named Stang, among others, as a defendant. The complaint asserted a cause of action for premises liability against Stang, alleging he “negligently maintained, managed, controlled, and operated” his business because he had actual or constructive knowledge of “numerous incidents of…