In 2014, nearly two years after the drowning, Mr. Smith's family-estate filed a wrongful death complaint asserting that the drowning was entirely foreseeable and preventable had local authorities simply prohibited any access to the deadly section of beach. This latest filing contains significant new information, according to attorney Paul R. D'Amato, that should remove any doubt the strip of inlet beaches (from roughly north of 1st Ave. and Surf Ave. until Spruce Ave.) should immediately be closed off to not just swimmers, but walkers, waders, surf fishermen, and all others.
"The only reason the beach remains open to this day is to protect North Wildwood's image as a fun and carefree tourist destination. The politicians, elected officials, and businesses there do not want anyone to think there could be any risk to visitors, even those taking an afternoon walk in ankle-deep water on a section of unguarded beach," said Mr. D'Amato. "Listening to the testimony of our scientific experts combined with beach patrol officials and survivors should make anyone question why that beach wasn't closed at least a decade ago."
J. Richard Weggel, Ph.D, P.E., D.CE, Professor Emeritus at Drexel University, and a former official with the Army Corps of Engineers, issued a report on April 19, 2016, that advocated beach closure. He concluded, "The dangerous slope conditions are below the water line and are not visible to pedestrians walking on the beach, furthermore, they are not generally predictable although they probably occur most frequently during ebb current flows in the inlet." He said as a professional engineer who extensively reviewed the characteristics of the inlet, he has a duty to warn the public against visiting that section of beach.
The trial team consists of Mr. D'Amato and Kasi M. Gifford, of the D'Amato Law Firm (Egg Harbor Township) along with attorneys Joseph Grassi and Oliver Barry (of Wildwood).
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/family-of-north-wildwood-drowning-victim-asks-court-to-immediately-close-highly-lethal-hereford-inlet-beach-300350808.html
SOURCE D'Amato Law Firm