The Firm recently achieved dismissal of a negligence action related to an injured bather in the waters off the cost of an Ocean County beach. In Petrone v. Borough of Ship Bottom the plaintiff alleged she was injured by a boogie board in the waters off the beach of Ship Bottom. The Firm, representing the Borough of Ship Bottom and the beach patrol, filed a motion for summary judgment.
The Superior Court held that there was no admissible evidence that a boogie board actually caused plaintiff’s injuries. Therefore, the alleged discretionary action of the lifeguards in allowing boogie boards to remain in the water was not the proximate cause of the plaintiff’s injures. The court held that the New Jersey Tort Claims Act clearly immunizes discretionary acts of public entities that are not the proximate cause of a plaintiff’s injuries. Therefore, summary judgment was granted and the case was dismissed.
Victory on the case was a team effort. The motion was argued by Partner Jerry J. Dasti, Partner Christopher K. Koutsouris contributed to the briefs and assisted at oral argument, and briefs were prepared by Timothy J. McNichols and Martin J. Buckley.