While out sunning in his beach chair, Marshall Starkman was hit by a cop who was driving a patrol car on the sand.
Although a Nassau County Supreme Court judge thought that there were "issues of fact" which required a trial, the Appellate Division, Second Department, didn't agree. It found that because there was no "emergency" at the time of the incident, the cop's failure to observe Starkman triggered "principles of ordinary negligence," and that there was liability for not seeing "that which was there to be seen."
Life's a beach for that cop.
To view a copy of the Appellate Division's decision, please use this link: Starkman v. City of Long Beach
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