Butler v. Newark County Country Club

(for the majority):

This is a wrongful death action arising from the tragic accidental drowning of Jeremiah Butler (“Jeremiah”), age 8, in an irrigation pond. Plaintiff-Appellant Stephanie Butler (“Mrs. Butler”), individually and as Administratrix of Jeremiah’s Estate appeals from a judgment of the Superior Court granting summary judgment in favor of Defendant-Appellee Newark Country Club (“NCC”) which owned the pond. The Superior Court held that NCC owed no duty to protect Jeremiah from falling through the ice on its irrigation pond because the pond was not an artificial condition within the…