Sunbather struck by SUV to sue city

A man who was run over by a police SUV as he sunbathed on the beach in May is moving forward with plans to sue the city, after suffering a broken spine and other serious injuries.

Oceanside resident Marshall Starkman, 43, filed a notice of claim through his attorney following the May 27 incident, which occurred near Laurelton Boulevard.

Starkman was on a low-lying lounge chair when Long Beach police officer Paul DeMarco, a 27-year veteran of the department who was patrolling the beach, made a sweeping U-turn in his Dodge Durango as he responded to calls about a swimmer in distress, on a day when lifeguards were not yet on duty.

Police said that DeMarco made a visual check in all directions before turning his vehicle but did not see Starkman, who was struck by the SUV's right tires and suffered multiple fractures of his spine, neck and ribs. He was transported by helicopter to Nassau University Medical Center, where he was admitted in serious condition and remained for weeks. He has since returned home, and although he is undergoing physical therapy, he has a long road to recovery, said his attorney, Neil Greenburg.

"His doctors are still trying to deal with his injuries day by day," Greenburg said. "He was doing what he was supposed to be doing — he was sunbathing. He wasn't in the water, he was following the rules of the beach."

Starkman could not be reached for comment. City Manager Charles Theofan said that because the accident involved a city vehicle, the city's insurance company was handling the claim. "Sometime in the next year, I'm sure he will sue us, as we expect, and like any other lawsuit, I'm sure it will be settled or go to trial," Theofan said.

Greenberg said he expects that a 50H hearing, which is similar to a deposition, will be scheduled in the next month. "If [Starkman] is well enough, he'll attend, and he hopes to file a lawsuit," Greenberg said, adding that he is waiting for the Nassau County Police Department to release the results of its investigation. In an interview with the Herald in May, department spokesman Detective Lt. Kevin Smith said that the incident was an accident, based on interviews with witnesses on the beach as well as DeMarco and Starkman.

DeMarco was unaware that he had hit anyone until people on the beach called out to him, at which point he stopped, police said. Greenberg said that having heard the witness statements, he believes that no one was in serious danger in the water. "I don't believe [the officer] was responding to an emergency," he said.

Numerous rescues were made that day, however, when a number of swimmers got into trouble in the rough ocean water. DeMarco, whom many described as a respected officer, was responding to one of those emergencies, which was why he pulled away so quickly, Theofan and Smith said at the time.

A spokesman for the Long Beach Police Benevolent Association said he could not comment due to the pending litigation, and Police Department spokesman Lt. Bruce Meyer said he could not comment.

The incident has some residents concerned about the way large police and lifeguard vehicles patrol the beaches. At the Aug. 3 City Council meeting, resident Kevin Heller said that he is alarmed by what he called a "sudden spike" in police vehicles on the beach.

"Between the growth in the number of lifeguard and police vehicles, it is very difficult to relax on the beach, play ball or let my kids enjoy playing in the sand," Heller told council members. "The speed at which they drive is dangerous — I think speeding down the beach ought to be conserved for real emergencies, at which the trucks with sirens will lead the way so patrons can hear them coming. I'm truly concerned that one day a child will get hurt by these vehicles."

Theofan said that because the incident happened during the preseason, emergency lanes had not yet been set up on the beach, and he added that he expects the city to look into demarcating lanes earlier next year.

"I'm sure we are going to look at certain things next spring," Theofan said. "But then again, there are situations when the police vehicles are not in those lanes. The absence of those lanes didn't cause the accident, but it is something worth looking at."

Greenberg said that, lanes or no lanes, the accident has dramatically changed Starkman's life. "He was a very active person — he played baseball his whole life," Greenberg said, "and I don't think he'll be doing that again."

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