Court Rules in Favor of North Wildwood, Dismisses 2012 Inlet Drowning Lawsuit
Press Release: FOR IMMEDIATE RELEASE
Court Rules in Favor of North Wildwood, Dismisses 2012 Inlet Drowning Lawsuit
North Wildwood – As a result of motions filed for summary judgement by legal counsel of the City of North Wildwood, on Tuesday, December 18th, 2018, the assigned Superior Court Judge John Porto has dismissed a lawsuit against the City pertaining to a drowning on the Inlet Beach that occurred in 2012. The lawsuit was originally brought forth in 2014 by the family of Bradley Smith who drowned after hours on the Inlet Beach of North Wildwood.
In his reading, Judge Porto cited state law pertaining to the New Jersey Tort Claims Act, noting the immunity therein provided to governments from tort claim related injuries and/or death occurring on unimproved, public property or land that is specifically a “natural condition”.
Although this is a ruling in the City’s favor, City Officials direct all residents, visitors, and vacationers to be aware of the established comprehensive warning signage at entrances to the beach and along the beachfront; and, ONLY enter the water in front of lifeguards, at guarded beaches, during Beach Patrol hours of operation, during the summer season (10 a.m. – 5:30 p.m.).
“The City will be forever sympathetic toward the Smith Family for the tragic loss of Bradley Smith,” said Mayor Patrick Rosenello. “While North Wildwood is satisfied with the court’s decision, I still advise all beachgoers to pay attention to warning signage, and if a lifeguard is not on duty, DO NOT go in the water,” said Mayor Rosenello.
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