The State of California asked a San Diego Superior Court judge Friday to dismiss claims against it in a lawsuit over the death of a 12-year-old girl who was struck and killed by a jet ski while paddleboarding in Mission Bay in 2023.
Ashley and Mark Peterson filed the lawsuit following the tragic death of their daughter, who was fatally injured around 2 p.m. on July 21, 2023, in De Anza Cove, a narrow, multi-use area of Mission Bay. The girl suffered fatal rib, skull and brain injuries after being struck from behind by a jet ski operated by Arsanyous Ghaly, who was 18 at the time of the accident.
The Petersons argue in their amended complaint that both the city and state knew De Anza Cove violated state law and created dangerous conditions but failed to prevent the accident from occurring. They describe the area as a "death trap" where paddleboarders and swimmers share space with personal watercraft traveling at high speeds.
California denied liability in the case, with Deputy Attorney General Michael Gasbarro arguing the state transferred control of Mission Bay to the City of San Diego in 1945. While the state retains regulatory authority over state waters, Gasbarro told Superior Court Judge Wendy Behan that California bears no responsibility for accidents in the area and urged the court to rule in the state's favor.
The plaintiffs' attorney, Jacqueline DiRubbo of Hoffman & Forde, countered that the state still exercises significant control over subdivisions like San Diego. "We're talking about supervision and control of this area of the water," DiRubbo told the courtroom. "We haven't sold the land to Canada or Mexico. You granted it to the city. I don't think they've abdicated complete ownership."
DiRubbo compared the problematic area to a busy road with different lanes for various types of traffic. "In the area this occurred, you're allowed to have bathers and paddle boarders," she said. "You also have a personal watercraft going 60 miles per hour. Our decedent was lawfully using a paddleboard, and there was a boat launch very near to this area."
The attorney emphasized the dangerous nature of the mixed-use designation. "It was narrow and it was mixed use," DiRubbo told the courtroom. "The city and the state knew about this."
The tragic incident involved circumstances that the family believes could have been prevented. According to the complaint, lifeguards had warned Ghaly and a passenger for speeding in a 5 mph zone approximately eight minutes before the fatal collision occurred. The Petersons argue their daughter might have survived if officials had taken stronger enforcement action and removed the jet ski operators from the water immediately.
Ghaly pleaded guilty to manslaughter in 2024 in connection with the girl's death. He and his friends had rented the jet ski through OfferUp, a rental app that is also named as a defendant in the civil lawsuit.
The case highlights ongoing concerns about water safety in mixed-use recreational areas. De Anza Cove's narrow confines create a situation where slow-moving paddleboarders and swimmers must share space with fast-moving personal watercraft, creating potential for tragic accidents.
DiRubbo argued that the state retains a partial ownership interest in the area because San Diego must obtain state approval for certain decisions regarding the waterway. This ongoing relationship, the plaintiffs contend, means California cannot simply disclaim all responsibility for safety conditions.
The state's position relies on the 1945 transfer of control to local authorities. This legal argument suggests that while California may retain some regulatory oversight of state waters generally, the day-to-day management and safety enforcement responsibilities belong to the City of San Diego.
The legal dispute centers on questions of governmental liability and the extent to which state and local authorities share responsibility for maintaining safe conditions in public recreational areas. The outcome could have implications for how liability is allocated in similar cases involving state waterways that have been granted to local control.
Superior Court Judge Wendy Behan will ultimately decide whether the state's motion to dismiss should be granted. The ruling will determine whether California remains as a defendant in the lawsuit or if the case will proceed solely against the City of San Diego and other defendants.
The Peterson family's lawsuit seeks to hold responsible parties accountable for what they characterize as preventable dangerous conditions that led to their daughter's death. The case underscores the complex jurisdictional issues that can arise when multiple levels of government have overlapping authority over public recreational facilities.