POSEY EX REL. POSEY v. BORDENTOWN SEWERAGE AUTH.


793 A.2d 607 (2002)

171 N.J. 172

Earl L. POSEY, Jr., by his guardian ad litem, Earl L. Posey, Sr., and Earl L. Posey, Sr., and Gale Posey, Plaintiffs-Appellants, v. BORDENTOWN SEWERAGE AUTHORITY, Henry E. Marken and Ruth V. Marken, ABC, Inc., Martin Sachs, Esq., and Sachs & Sachs, P.A., Defendants, and Township of Bordentown and County of Burlington, Defendants-Respondents.

Supreme Court of New Jersey.

Decided March 18, 2002.


Attorney(s) appearing for the Case

Evan Edward Laine, Cherry Hill, argued the cause for appellants, (Gold & Laine, attorneys).

F. Herbert Owens, III, Cherry Hill, argued the cause for respondent Township of Bordentown, (Owens & Wolf, attorneys).

Robert A. Baxter, Mt. Laurel, argued the cause for respondent County of Burlington, (Capehart & Scatchard, attorneys).


The opinion of the Court was delivered by COLEMAN, J.

This sad case involves the near drowning and subsequent death of a twelve-year old boy. The accident occurred in a pond that is located on private property and receives water from a stream in an adjacent public park. Plaintiffs allege that the stream and pond are not natural bodies of water, but rather are part of an integrated storm-water drainage system for which the...

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