SAN DIEGO — The family of a 12-year-old girl who died after getting hit by an out-of-control jet skier on Mission Bay in July 2023 is suing the city of San Diego.
Ashley and Mark Peterson filed the lawsuit on June 17, nearly a year after their 12-year-old daughter died while paddle boarding at De Anza Cove on July 29 of last year.
According to a non-conformed copy of the lawsuit, obtained by CBS 8, three men had rented the jet ski on Offer Up that day, a transaction that attorneys for the Peterson family say was unpermitted and unauthorized.
The lawsuit states that the men, one of which was 19-year-old Arsanyous Refat Ghaly, who now faces a charge of vehicular manslaughter for the collision, were operating the jet ski in an extremely dangerous manner, reaching speeds of up to 53 miles per hour, well above the 5 miles per hour speed limit in the area.
Less than 10 minutes before the collision, lifeguards stopped Ghaly for speeding and reckless operation of a jet ski.
Reads the lawsuit, "At the time, a San Diego lifeguard and other San Diego employees had a clear view of Decedent on her paddle board, only 500 yards away from where they stopped" the jet ski.
And despite the violations, the lifeguards, according to the complaint, allowed Ghaly and the others to continue to operate the jet ski dangerously.
"These lifeguards and police officers did not monitor, closely follow, blow a horn or siren, radio for others to remove the deadly personal watercraft hurdling toward [Peterson] or do anything else to ensure [that] Ghaly [and others] would operate the jet ski safely and not hit and kill [Peterson] or any other person," states the lawsuit.
The girl's parents, Ashley and Mark Peterson, told CBS 8 in a statement that they look to hold the city and others accountable as a way of protecting others in the future.
“Our daughter was a bright, healthy 12-year-old who loved her family, and her friends, playing soccer, and dreaming of her future. She is a light in our lives, and our hearts continue to break every day since we lost her," stated the Petersons about their loss.
“Her death was a senseless, preventable tragedy for our family, including her younger brother, and for our community. We are focused on making sure no other family is forced to endure the loss we live with every day. We are unwavering in our commitment to make Mission Bay a safe place for families and will work to ensure that this preventable tragedy spurs the change necessary to reach that goal.”
According to the District Attorney's Office website, Ghaly was arraigned today, June 18, and is charged with one count of 'Vehicular Manslaughter Non-Alcohol with Gross Negligence.'
Reads the criminal complaint, "On or about July 29, 2023, Ghaly did unlawfully kill [Peterson], a human being, without malice aforethought, while driving a motor vehicle..."
The City Attorney's Office declined to comment due to pending litigation.
