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KOWALSKY v. LONG BEACH TP.

Nos. 95-5067, 95-5078.

72 F.3d 385 (1995)

Roman KOWALSKY, Appellant, v. LONG BEACH TOWNSHIP; Department of Public Works of Long Beach Township; Department of Public Safety of Long Beach Township; Long Beach Township Beach Patrol; Long Beach Township Spray Beach Patrol; John Does, 1 through 5, Jointly, Severally and in the Alternative; Donald Meyers; Jon Camp; Sean Adams; Patty O'Hara; Michael Gaetano; Don Williams. Gary S. PETRILLO, Individually, Lois Petrillo, Conservator of the Estate and person of Gary S. Petrillo, and individually, Jill S. Petrillo, Appellants, v. BOROUGH OF SURF CITY, A Municipality of the State of New Jersey, Leonard T. Connor, Mayor, John Does "A, B, C," Jane Does "D, E, F," Elected and Appointed Officials of the Borough of Surf City, these being fictitious names, their actual names not known to the plaintiffs, Mark Occhipinti, Patricia D'Ambrosio, Fin Lealin, John Does "G, H, I," Lifeguards, Jane Does "J, K, L," Lifeguards employed by the Borough of Surf City, and correct name of Lealin and the actual names of the fictitious John Does G, H, I and Jane Does J, K, L, not being known to the plaintiffs at this time, Department of Recreation of Surf City, Surf City Beach Patrol, Department of Public Works of Surf City, Department of Law & Public Safety of Surf City.

United States Court of Appeals, Third Circuit.

Decided December 26, 1995.

Attorney(s) appearing for the Case

John A. Miller (argued), Richard J. Sexton, Kenney & Kearney, Cherry Hill, New Jersey, for appellant, Roman Kowalsky.

John J. Barry (argued), Madeline E. Cox, Barry & McMoran, Newark, New Jersey, for appellants, Gary S. Petrillo, Individually, Lois Petrillo, Conservator of the Estate and person of Gary S. Petrillo, and individually, Jill S. Petrillo.

Michael J. McKenna (argued), Ronald E. Hoffman, Hiering, Hoffman & Gannon, Toms River, New Jersey, for appellees.

Before: MANSMANN, SCIRICA and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In these diversity suits, plaintiffs Roman Kowalsky and Gary Petrillo appeal the district court's grants of summary judgment on their claims for damages arising from tragic injuries suffered while they were swimming at New Jersey beaches.1 Because we agree with the district court that under the New Jersey Tort Claims Act, defendants, municipal...

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