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Run over in Balboa Park

Settlement of $1 million; victim's back broken in several places

A 52-year-old man who was sleeping in Balboa Park when a park ranger drove over him will receive a $1 million settlement from the city, it was decided Tuesday (September 13).

Derrick Marable was sleeping on the grassy slope east of the Marston Point parking lot near Sixth and Hawthorn on January 17, 2015, at around 1:35 p.m. when the park ranger drove over him in a city Parks and Recreation Department Silverado pickup truck. The truck dragged him 75 feet before stopping, according to court papers. Marable suffered severe injuries, his attorney said.

"His back was broken in several places," attorney King Aminpour said. "He was hurt very badly."

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Marable first filed a claim with the city, which is required by law before an injured party can sue. His claim was denied, according to court papers.

Park ranger Carole Rukstelis was driving the Silverado and didn't see Marable, according to court papers. The lawsuit alleges negligence — in plain terms, "she wasn't looking where she was going," Aminpour said.

Information as to whether Marable was under a blanket or otherwise camouflaged was unavailable.

Twelve years earlier, Rukstelis told CityBeat why buskers must get permits to play in the park. "We have a responsibility for the safety of all the people using the parks," Rukstelis told CityBeat. "With the heightened concern over security after 9/11 and to protect kids better, we started requiring background checks as part of the permit process."

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A 52-year-old man who was sleeping in Balboa Park when a park ranger drove over him will receive a $1 million settlement from the city, it was decided Tuesday (September 13).

Derrick Marable was sleeping on the grassy slope east of the Marston Point parking lot near Sixth and Hawthorn on January 17, 2015, at around 1:35 p.m. when the park ranger drove over him in a city Parks and Recreation Department Silverado pickup truck. The truck dragged him 75 feet before stopping, according to court papers. Marable suffered severe injuries, his attorney said.

"His back was broken in several places," attorney King Aminpour said. "He was hurt very badly."

Sponsored
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Marable first filed a claim with the city, which is required by law before an injured party can sue. His claim was denied, according to court papers.

Park ranger Carole Rukstelis was driving the Silverado and didn't see Marable, according to court papers. The lawsuit alleges negligence — in plain terms, "she wasn't looking where she was going," Aminpour said.

Information as to whether Marable was under a blanket or otherwise camouflaged was unavailable.

Twelve years earlier, Rukstelis told CityBeat why buskers must get permits to play in the park. "We have a responsibility for the safety of all the people using the parks," Rukstelis told CityBeat. "With the heightened concern over security after 9/11 and to protect kids better, we started requiring background checks as part of the permit process."

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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