Fluehr v. City of Cape May

The Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 14-4, allows recovery against public employees and public entities when the claim is based on the negligent supervision of recreational activities. A slim but triable issue of fact was presented here concerning whether Cape May’s lifeguards were negligent in their supervision of the City’s beach. I would therefore affirm the judgment of the Appellate Division allowing the claim to proceed. I would *558do so substantially for the reasons stated in its comprehensive opinion:

We agree with the motion judge that the beach and the ocean are unimproved…