Fluehr v. City of Cape May

This case presents the novel question of whether immunity overrides liability when there are multiple causes contributing to an accidental injury and only one of those causes would confer immunity on the municipality. The Court obviates the need to address this question, reasoning that; as a matter of law, the sole proximate cause of plaintiffs injury was the natural condition of the ocean. I do not subscribe to that conclusion, and therefore address the issue that I believe must be resolved to dispose of this case.

I

In construing and applying the Tort Claims Act (“TCA”), it is frequently…