La Rocco v. State

This is an appeal from the judgment of the Court of Claims dismissing the claim. In May of 1952, the claimant, 16 years of age, in company with others, went to Jones Beach and while in the water made a surface dive resulting in serious and permanent injuries. The record discloses that the beach was scheduled to open on May 30 but because of the unseasonable hot weather, one section was opened on the day of the happening of the accident, May 24, but the place where the claimant was swimming was not within the area opened. There was testimony that when claimant made the dive, he apparently…