The parents of a 12-year-old girl who was struck and killed while she was paddle boarding in Mission Bay filed a wrongful death suit in June against the City and County of San Diego alleging negligence.
Ashley and Mark Peterson II filed the suit in San Diego Superior Court and also named the San Diego Unified Port District, the state of California, and Arsanyous Refat Ghaly, 20, the man who is accused of hitting her and causing her death.
Ghaly has pleaded not guilty to involuntary manslaughter in the July 29, 2023 death of Savannah Peterson, and he was ordered to stand trial in a preliminary hearing on June 4. A trial date was set for Ghaly for Nov. 4.
“Our daughter was a bright, healthy 12-year-old who loved her family, her friends, playing soccer, and dreaming of her future,” said her parents in a statement.
“She is a light in our lives, and our hearts continue to break every day since we lost her,” continued the statement.
“Her death was a senseless, preventable tragedy for our family, including her younger brother, and for our community,” said her parents. “We are focused on making sure no other family is forced to endure the loss we live with every day.”
“We filed this lawsuit to hold people and entities accountable, to create and maintain safe places, and to follow and enforce the laws that are meant to protect us all.
“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,” concluded the Petersons.
Since the lawsuit was filed on June 17, it is not clear if a copy of the suit has been served to all co-defendants, according to court records. No one could be reached for comment from the City, County, Port District, or the state of California. In general, the practice of government agencies is to not comment on pending lawsuits.
The suit says Ghaly and his friend, Isaac Shaker, were operating the jet ski “in an extremely dangerous manner, without looking ahead and traveling at the ‘top speed’ (47-53 mph) permitted by the mechanisms of the Yamaha jet ski, a speed well in excess of the posted legal limit (5 mph).”
Eight minutes before the fatality, the suit claims a City lifeguard vessel pulled over Ghaly and Shaker, and warned them they were speeding and operating the jet ski recklessly. The suit says the lifeguard allowed them to continue using the jet ski until the fatality occurred.
It also alleges the City, County, Port District, and the state “created a death trap, were aware of this and related dangerous conditions, and yet failed to warn or abate it.”
The lawsuit has also filed suit against Offer Up Inc., a company that is alleged to have matched a couple who advertised their jet ski equipment with Ghaly and Shaker. It alleges that the owners were not properly registered with the City and that Ghaly and Shaker didn’t receive safety instructions.
A civil management conference hearing has been set for Feb. 7, 2025.
