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FLEUHR v. CITY OF CAPE MAY

303 N.J. Super. 481 (1997)

WILLIAM FLEUHR, PLAINTIFF-APPELLANT, v. CITY OF CAPE MAY, DEFENDANT-RESPONDENT, AND JOHN DOE AND COUNTY OF CAPE MAY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1997.

Attorney(s) appearing for the Case

Sandler & Marchesini, attorneys for appellant (Gregory Marchesini, on the brief).

Youngblood, Corcoran, Aleli, Lafferty, Stackhouse, Grossman & Gormley, attorneys for respondent (Phyllis Coletta, on the brief).

Before Judges LONG, A.A. RODRIGUEZ and CUFF.

The opinion of the court was delivered by CUFF, J.A.D.

Plaintiff William Fleuhr broke his neck while body surfing in the ocean. He sued defendant City of Cape May for failure to supervise the activities of bathers, failure to warn bathers of the danger posed by the ocean on that day, and failure to protect plaintiff from the dangerous ocean conditions. Plaintiff appeals from the order dismissing his complaint based on the unimproved property immunity, N.J.S.A....

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