Supreme Court of New Jersey

William Fluehr, Plaintiff-Respondent v. City of Cape May, Defendant-Appellant, and John Doe and County of Cape May…

May 26, 1999159 N.J. 532

Summary

The Supreme Court of New Jersey reversed the Appellate Division and entered judgment for the City of Cape May, holding that the natural ocean conditions were the sole proximate cause of the plaintiff's injury and that the lifeguards' alleged negligence was not a legal cause. The Court declined to allow the negligent‑supervision claim to proceed, finding summary judgment proper. The dissenting opinions argue that concurrent negligence should be considered and that the case should be remanded.