Danny Ruf at his 2006 graduation with his mother Audrey Ruf. Courtesy photo
Daniel Ruf, a 2006 Tracy High alumnus, died at age 22 on July 21 in San Francisco’s Pacific Medical Center after working out with Marine Corps recruiters at In-Shape Gym on Tracy Boulevard to lose weight.
In a lawsuit filed April 16, Daniel’s mother, Audrey Ruf, said the temperature when Daniel was working out July 15 was about 100 degrees. The paperwork also states that the recruiters Daniel worked out with instructed him to wear a full-body “plastic suit” over his clothing and to exercise “vigorously.” The lawsuit points out that the workout took place at a private gym, not on military property.
Marines spokesman Gunnery Sgt. Jason Bortz said that this is not standard practice for recruits who need to lose weight and that “at no time” would a Marine ask a recruit or a member of the Delayed Entry Program (in which Daniel was enrolled) to wear something like a plastic suit.
Nina Fiore, a spokeswoman for the medical examiner’s office of the city and county of San Francisco, said Daniel died of organ failure because of exercise while wearing the suffocating suit. The death was ruled an accident, Fiore said. The lawsuit paperwork states that Daniel’s body temperature was 108 degrees when paramedics got to him.
Ruf filed the lawsuit with the Eastern District Court of California in Sacramento against the Marine Corps to recover medical costs and the emotional cost of losing her son. The lawsuit specifically names Sgt. Miguel Hinojosa and Sgt. Jamal Stewart.
Bortz declined to comment on the investigation due to the lawsuit. A spokesman for the Navy’s Judge Advocate General’s office said that he knew little about the case and that it’s in the hands of a district attorney, but he was unsure who.
Ruf’s attorney, Matt Davis from San Francisco-based Walkup Law Office, said the Marines have two months to respond to the lawsuit. Ruf declined to comment, referring questions to Davis.
Davis said he’s handled other cases involving hyperthermia, but never one like this. He said that once a Marine is active, officials have more leeway over what can be done in terms of working out. However, Daniel was in the Marines’ Delayed Entry Program and was not a full-fledged member.
“This was not part of his duties as a Marine,” Davis said. “He hadn’t even taken the oath yet.”
Davis said Daniel was about 12 pounds over the weight limit to start basic training. Bortz said a man of Daniel’s height, 5 feet, 8 inches, would have to weigh no more than 190 pounds to enter boot camp.
At the time of his death, Fiore said, Daniel’s weight was 226 pounds, but Davis said that was probably because of the fluids he was given in an effort to keep him alive.
Contact a Tracy Press reporter at 835-3030 or tpnews@tracypress.com.
I am sorry you understand the pain of losing a child...I can't imagine.
My sense of humor came from my beloved mom. I could not endure this life without it.
Like my mom used to say "you got to be strong to be old." The older I get the more that makes sense.
"Maybe, just maybe Daniel's mother has to follow her heart as well."
An perhaps all of th rest of us should just leave it at that.
BTW, I know how it feels ta loose a child, an yes, it's painful. But life goes on an ya gotta move on. Still th pain never really goes away, ya just larn how ta deal with it.
Glad ta see ya got a sense of humor too. :)
As soon as I hit "post comment" and re-read my comment, I realized that the E in English should have been a capital letter instead lower case. However, I do appreciate the fact that this was brought to my attention, especially by you! :)
Of course losing a loved one is always painful. But my guess is that losing a child must be worse than a grandparent, aunt, etc...
You are right, you can't please everyone all the time. Sometimes you just have to please yourself.
Maybe, just maybe Daniel's mother has to follow her heart as well.
Ta each his own dear. Some like it, others don't. Ya just can't please all th people all of th time.
I write th way I thank. All th folks whair I was raised as a kid talk that way.
But I can construct a sentence with all the words spelled correctly and all the punctuation marks in the correct spot, if that's what you are getting it.
Don't judge a book by it's cover until ya have read an understood th contents.
I hope th suit ain't fer money, that would be sad. I just wonder why In-Shape wasn't included.
We don't want ta discuss th painful memories of loosin a child or a loved on. If ya look inta th lives of most families, this has also happened ta them. Perhaps not in th same way but anytime ya loose a loved on fer any reason it hurts.
Oh, by the way, since you are wanting correct English here, remember that the "E" in English language should be capitalized and not lower case. :) Please do not worry yourself about this, it's a common mistake many people make.
Have yerself a great day an a good weekend.
Ornley~
Although some of your information/opinions seem valid, your use (or lack thereof)of the english language makes it an uncomfortable read.
Sorry friend but yer th one that's incorrect about th military training in hot weather.
Lackland AFB in San Antonio Texas raises th red flag fer physical trainin activities at 98 degrees. So does th Marine base at Camp Pendleton in CA. Fer that matter th same restrictions are/were in place in Guam an th Philippines I know this from th personal experience of actually bein in those places ta train when it's hot. hyperthermia is not anything ta fool around with.
Now if thair are violations of those standin orders that is a problem fer th command of those bases ta deal with.
It's sad th young man may have listened ta bad advice from a recruiter. But if he was really all that gun-ho ta join he should have sought out medical advice from a person trained in that field instead of listenin ta th bad advice that someone obviously gave him.
I say someone cause from th story we really don't know. What we have is an article that indicates th paperwork in th suit brought against the Corps alledged th recruiters told him he had ta do this.
Even so, suin th Marines an not bringing anythang against In-Shape is nothin more than goin fer th deep pockets.
In-Shape has trained people, it happened on thair property with thair equipment, they were chargin membership fees fer these people ta use th place, an if anyone was doin anythang wrong whair they could hurt themselves or someone else, as th owners of th property with trained people on hand ta run th place, they are more liable for this incident than th Marines who may or may not have had th trainin ta know what was right an what was wrong.
Now if th young man was actually a sworn inta active duty with th Marine an they ordered him ta do it then they would be liable.
I would thank that someone 22 years old would have th common sense as an adult ta really know what was dangerous and what wasn't. Apparently an sadly he didn't an it cost him his life.
At some point in time ya just gotta accept th responsibilities fer yer own actions an stop point th finger of blame ta others.
Like I said, I'm sorry he died an have sympathy fer his family who love him cus it's tough on them. An I'm sorry because I am shore these comments are tough fer them ta reckon with as well an I am sorry about that too.
But when ya listen ta an take th advice of someone who ain't any more knowledgeable than ya are yer gonna have problems.
So instead of bein th judge an jury on this, why don't we put our hate of anythang military aside an let th courts figure out what went wrong an how best ta remedy th situation?
"Cutting Weight" is still used by recruiters on
"poolies" as it was when I first came in the Corps nearly 10 years ago. The fact is that recruiters are taught this method in their school and see it used widely in the corps. I have read how this young man was grown and perfectly capable of making his own decisions, fact is peer pressure and the presure placed on "Fat Body Poolies (Depers, Recruits and Marines" by recruiters and superiors is phenominal. Add to that ones personal desire to accomplish what so few in this country are able to and you can have a potentially lethal combination. The Marine Corps refuses to admit fault, hmmm . . . imagine that, preach Honor, COurage, Commitment and Integrity but fail to practice it? ? ? I am sure this is not the first death of a poolie. I also know first hand of BCP (Body Composition Program - for weight or appearance) Marines who now suffer from chronic health problems for using incorrect diets (recommended by recruiters and superiors), laxatives, colon blow, body suits (similiar to what this young man wore) and intense physical training to make weight. As to the commentor who stated that intense physical training doesn't occur when the temp is to hot. Your incorrect! Unfortunately, the only time Marine leadership is reprimanded for this is not when it is learned of (like it should be) but, when serious bodily injury or death occurs. This is a long standing problem that has plagued The Corps for some time and it needs to be corrected. This young man's death was ruled "accidential", in reality it should have been ruled a "HOMICIDE" and the prime suspect(s) are the recruiter who was pt'ing with the poolie and the accomplice is the recruiter is who reccomended the suit in the first place. There is this thing called coersion and depraved indeferance, I would be surprised to learn that California doesn't recognize either.
However we do need ta examine th facts.
Regardless of how nice Danny was, at th age of 22 he was an adult an should have been more than capable of makin his own adult decisions even if they may have been poor decisions.
Been in an around th military most of my life an know when th temperatures get up ta 100 degrees heavy physical trainin activities are curtailed. This military mandate happened back in the late 1950’s when th kids at Lackland AFB were dropping dead on th obstacle course.
Th wearin of a plastic suit, sometimes called a wrap, is a long known but very dangerous way ta quickly shed ten pounds or more. Th problem is that most people simply don’t understand that many waste products th body expels is done through th skin as well as th urine. Solid waste is simply a waste in th digestive system an don’t have anything ta do with eliminatin body fat or body waste.
Next, Danny was not a Marine. He wanted ta be a Marine but he had not yet enlisted. So what ever some dumb grunt (said with th upmost of admiration an respect) tells him, he’s is under no obligation ta do it. After all, I don’t thank they put a gun ta his head an forced him ta do it.
Look, if yer neighbor had told ya ta do th same thang an ya ended up dead, is it yer neighbors fault?
Now thair allegedly are trained people workin fer th In-Shape Gym in Tracy.
I thank they’re called personal trainers. I wonder why th lawsuit didn’t fall on them? After all, they allegedly have th trainin ta know what’s dangerous an what ain’t.
Do these people an thair employers have a contract with th US Marines that might eliminate them from any liability when one of thair Gym members die as a result from workin out on thair property? I would thank, as th property owner an th one who reaps th benefits by letting their payin members work out on thair place, that they would have some liability in this.
Why is it just th US Marine Corps that’s bein sued here? Is it because th Feds have deeper pockets than In-Shape? It seems so given th facts we can get from this story which admittedly ain’t th whole story.
I too wonder if Danny could speak fer himself if he would like this sort of activity from his family against the Corps he seemed ta love an respect. Or are we simply goin fer th gold we can get like another mother who disrespected her own son an destroyed her marriage campin out in front of th president’s ranch in Texas? Cindy Shenann was her name if memory serves me correctly.
Not the same thing as diving suit?
Need more facts. But this is a needless death!
CN
I am sorry for your loss. But the Marines ain't no cakewalk. At least though, he was trying to make something out of himself, unlike the others we see in town diddybopping around looking all wannabebadasses with lowered britches up to no good.
Getting in the military is tough work. Daniel knew that and was willing to lose his life for it. It may be hard to do this, but how do you think he would feel if he knew you filed a lawsuit? He seemed as if the Marine Corps meant so much to him, that I feel he may not like you filing a lawsuit against them.
It is just my feelings. I wish you the best with whatever you decide to do.
I don't understand why the recruiters were in such a hurry to get the needed weight off. Did they have to have him in basic by a certain date for some reason ? With proper diet and exercise the weight would have come off safely. From what I remember reading about this last year he had a strong desire to join the Marines and would have accomplish his goal because in his heart he wanted to be a Marine.
No matter the outcome of this lawsuit hopefully this will be a lesson learned to avoid a future tragedy like this from ever happening to someone else.
I wish you and your family the best, and despite the grief you feel, you also can be very proud of your son for wanting to serve his country. Good luck.