Notable Wins by Capehart Scatchard

Client: County of Monmouth

Brief Attorney:  Jessica M. Anderson, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff suffered a broken collar bone, two fractured vertebrae, and required fifty stitches to his head when he dove into a piling at Whiting Beach.  Plaintiff claimed that the area was marked off by flags indicating that this activity was safe.  Defendant filed a motion in lieu of answer arguing that they did not own, control or maintain the property.  The Court granted Defendant’s motion on October 27, 2017 and declined to consider Plaintiff’s opposition which was filed three days before the motion return date.  Plaintiff subsequently filed a motion for reconsideration arguing that the Monmouth County Health Department’s website stated that they inspected public beaches and therefore Defendant could be responsible for placing the flags.  Defendant opposed the motion arguing that the County of Monmouth was immune for failure to inspect, or negligent inspection of property pursuant to N.J.S.A. 59:2-6.  The Court denied Plaintiff’s motion for reconsideration finding that even if Defendant inspected the property, Defendant would be immune pursuant to N.J.S.A. 59:2-6.