David Timpanaro v. Jenkinson's Pavilion, Inc. and Jenkinson's South, Inc.

Morristown, New Jersey, personal injury lawyer represented the Plaintiff who sued on a wrongful death negligence theory.



The essential facts are undisputed. On September 23, 2020, plaintiffs, accompanied by their minor child, C.T., and then sixty-nine-year-old father and grandfather, Anthony Timpanaro ("decedent"), traveled to defendants' beachfront property to spend the day. By all accounts, it was a beautiful September day after the hustle and bustle of the summer season.



On arrival, the family met at Jenkinson's South's ("JSouth") parking lot behind the arcade area because "that particular corner and location had everything, pizza, the arcade and had sand." Linda Pulitano, a beach attendant, collected a parking fee and explained the beach was closed for swimming but that one gate remained open and advised the family to "[f]eel free to go on the beach and walk and play." Because it was the end of the summer season, there were no lifeguards on duty.



The family made their way onto the beach where they settled into beach chairs and decedent and his grandson began searching for seashells and chasing seagulls. Plaintiffs admit they observed three large signs on the property: one advertising the boardwalk, beach, arcade games and rides; another which conveyed that the "beach was closed[,] [n]o swimming"; and another stating "no swimming when lifeguards are off-duty."



At some point, decedent joined Lia and C.T. at the water's edge. He was not wearing shoes and had the legs of his pants "rolled up a little." According to Lia, a wave came in while they were standing on wet sand and "it was stronger than [she] thought it would have been. And [her] feet [sank] in and [she] teetered with the wave and stepped back. [Decedent] also teetered with the wave and stepped back, and then lost his balance." Another wave engulfed decedent, prompting David to venture into the water to pick him up and the next thing she knew, decedent was out in the ocean yelling for help. Lia called 9-1-1 and went to the boardwalk area to help direct first responders to the area where the decedent had been hit by the wave. When she returned with the emergency personnel, decedent was back on the beach facedown. He died after all efforts to revive him failed.



In May 2021, plaintiffs sued defendants in a three-count complaint, alleging: (1) wrongful death; (2) survivorship, including allegations of negligence, recklessness, gross negligence, and willful, malicious, and/or wanton conduct by the defendants' entities and their employees, resulting in severe and extreme physical and emotional pain, suffering, and anguish endured by decedent before and during his death and as he attempted to escape the ocean water; and (3) negligent infliction of emotional distress.



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Did the defendants owe a duty to warn and monitor beachgoers about dangerous ocean conditions during the off-season despite posted "no swimming" signs and the absence of lifeguards?



Premises liability. Landowner's Liability Act. Coastal Area Facility Review Act. Public Trust Doctrine.

Summary judgment in favor of Defendants.



Affirmed