A Georgia man has sued the city of Orange Beach, alleging he was run over by a truck driven by a city lifeguard while he sat on the beach with his wife in 2024.
Mark Kelemen filed the complaint July 7 in Baldwin County Circuit Court, naming the city and Orange Beach Lifeguard Erik Nathaniel Mason as defendants. According to the lawsuit, Mason struck Kelemen with a city-owned Ford F-150 on July 20, 2024, at about 3:30 p.m., while Kelemen sat in a beach chair beside his wife, Christine. Kelemen is asking Circuit Judge Byron Brackin to award more than $1 million in damages, covering physical and emotional injuries and medical expenses.
A civil complaint contains only one side’s allegations and marks the opening of a case rather than a legal finding. The claims have not been proven in court, and as of Thursday, attorneys for the defendants had not filed a formal response.
According to the complaint, Mason got into the city-issued truck “without checking his surroundings” and turned it in a way that struck Kelemen. “The front of the City’s vehicle hit Kelemen, and the front tire ran over the top of Kelemen’s hips, low back, abdomen, and arm, severely injuring him,” the complaint states.
The lawsuit contends Orange Beach is liable for Mason’s actions and that he violated the city’s procedures for operating beach vehicles. “Mason failed to follow the City’s beach vehicle operation policies and procedures of walking around and looking around his vehicle prior to operating it, and his negligent conduct is a proximate cause of Plaintiffs’ personal injuries and damages,” the complaint reads. Beach patrol trucks are commonly used by lifeguard services along the Gulf Coast to reach swimmers in distress and monitor crowded stretches of sand, though their use near seated beachgoers also carries risk if drivers do not take precautions.
Christine Kelemen is also named as a plaintiff in the suit, seeking damages for what the complaint describes as the shock of witnessing her husband’s injuries, along with her own losses. “Plaintiff Christine Kelemen is entitled to recover for the shock and apprehension of seeing her husband injured in this matter, for her own personal injuries, and for loss of consortium for the services of her husband as provided by Alabama law,” the complaint states.
The Kelemens’ auto insurance provider, Chubb National Insurance Company, is also named as a defendant. The complaint argues Mason qualifies as an “underinsured motorist” under the city’s liability coverage, meaning Chubb could be required to pay out under the couple’s own policy if the city’s insurance proves insufficient to cover the alleged damages. “Plaintiffs aver their damages far exceed the amount of liability insurance coverage available under any and all policies covering Erik Mason, making him an underinsured motorist under Alabama law,” the complaint reads. “Defendant Chubb stands in the shoes of Erik Mason and is liable to the Plaintiffs for the damages caused as provided under the uninsured/underinsured motorist provisions of the insurance policy between Plaintiffs and Chubb.”
As of Thursday, attorneys representing the city of Orange Beach and Chubb had not responded to the complaint, and no hearing date has been set in Baldwin County Circuit Court.
Orange Beach City Administrator Ford Handley said the city’s attorneys are reviewing the complaint but declined to discuss specifics. “Because this is pending litigation, we are unable to comment on the specifics,” Handley said in a statement. “We look forward to resolving the matter through the appropriate channels.”
Update (Aug. 1, 2026):
Court filings show Christine Kelemen has now joined her husband, Mark Kelemen, as a plaintiff in the case, with the couple together seeking more than $2 million in damages. In addition to compensation for lost wages, Mark Kelemen is seeking $1 million for his injuries, $50,000 in special damages for medical expenses and $500,000 for future medical expenses. Christine Kelemen is separately seeking $500,000 “for her past, present and future consortium damages arising out of her husband’s physical injuries and permanent limitations,” along with compensation for her own personal injuries from the incident.
The suit is one of several lawsuits currently facing the city of Orange Beach, according to the filing, which also points to a federal lawsuit over bodycam footage tied to an alleged domestic violence incident reportedly involving Mayor Tony Kennon on Labor Day 2024 — an allegation he has denied — as well as a separate suit against the Orange Beach school system filed by a former Blue Angels pilot after his out-of-district children were told they could no longer attend city schools.