The family of a San Diego woman is suing a San Diego nonprofit two years after first responders found her dead during a charity hiking event on a popular hiking trail in Rancho Peñasquitos.
On June 23, 2024, Diem Le Nguyen joined about 100 other participants in a hike to raise money for the Build a School Foundation, a nonprofit that funds schools for impoverished children around the world. The foundation advertised the event as a 5K from Hilltop Community Park and ended at the Black Mountain Summit.
Temperatures during the hike reached 98 degrees by mid-morning, according to the family’s lawsuit, obtained by Times of San Diego.
Nguyen separated from the group, but at 10 a.m., she called her sister, who also participated in the hike, in distress, saying that she was hot and dehydrated.
When the hike ended after 10:30 a.m., Nguyen could not be found.
Unable to locate Nguyen, the group called 911 at 11:30 a.m. First responders began an extensive search, dispatching helicopters, service dogs, and drones. The search continued until 1 a.m. Monday and then picked up again at 7 a.m. A helicopter crew found Nguyen’s body at 9 a.m. that morning.
William Do, Diem Le Nguyen’s ex-husband, and Nguyen’s family filed a lawsuit on June 14 against Build a School Foundation, the organizers of the hike, for failing to take the necessary precautions that would have prevented the death of Nguyen.
The lawsuit claims that the foundation applied for a picnic permit for fewer than 50 people even though approximately 150 to 200 people participated in the hike. It also alleges that the foundation acted negligently by conducting the hike during a heat wave and failed to implement heat-safety protocols during the event.
The city of San Diego classifies any assembly of 75 or more people as a “Special Event,” meaning organizers are required to obtain Special Event permits. A picnic permit does not include the same safety regulations and requirements as those for a Special Event.
A proper open-space permit would have required onsite medical support, the contact information of park rangers, and communication of the hazards of the trip, such as heat, terrain and wildlife, the lawsuit says.
Attorney Tri Luu, who represents the family, alleges that the foundation knew how many people would be at the event.
“This is not the first time that they’ve had this fundraiser,” Luu said.“If the city thinks it’s just a picnic, they’re not going to impose any requirements versus a hike of more than 100 people.”
Luu also points out that a Special Event permit is more costly to obtain than a picnic permit.
“We can’t say and confirm that that was their intent, but it made it a lot less expensive for them to do what they did,” Luu said.
According to a letter from August 14, 2024, obtained by Times of San Diego, the foundation did not have an insurance policy or a commercial liability policy in force as of June 23, 2024, and they had no specific event insurance for the June event.
The lawsuit further points out that there was no adequate participant-tracking system in place to ensure that all participants safely made it back from the hike on Black Mountain.
“Somebody should be held accountable and responsible for what happened on that day,” Luu said. “There were so many things that could have been done that could have prevented the tragedy from happening.”
Build a School Foundation did not respond to multiple requests for comment. The article will be updated if the foundation provides a comment.
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