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

Summary

The Supreme Court of New Jersey reversed the Appellate Division and entered judgment for the City of Cape May, holding that the surfer's own conduct and the natural ocean conditions were the sole legal causes of his injury, so the municipality is immune under the Tort Claims Act. The dissenting opinions argue that the case presents a genuine issue of fact on proximate cause and that comparative negligence principles should allow the claim to proceed.