Oceanside sunbather struck by SUV to sue City of Long Beach

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.