Wrongful Death Complaint Seeks Closure Of Dangerous New Jersey North Wildwood Beach

NORTH WILDWOOD, N.J., July 24, 2014 /PRNewswire-USNewswire/ -- The July 2012 drowning death of a 54-year-old father of four from suburban Philadelphia was entirely foreseeable and preventable had local authorities prohibited access to the deadly section of hazardous North Wildwood beach with a history of drownings due to beach instability and rip currents, according to a lawsuit filed today in New Jersey Superior Court, Cape May County. The lawsuit also requests the court order an immediate closure of the Hereford Inlet beach where George Bradley Smith disappeared after saving the life of his seven-year-old daughter.

Attorneys for the Egg Harbor Township-based D'Amato Law Firm filed the complaint (Superior Court of N.J., Cape May County – Docket Number: CPM-L-331-14) on behalf of the estate of Mr. Smith, Sandra Smith, the widow of Mr. Smith, who on July 27, 2012, was walking along the shoreline near 2^nd St. and Ocean Ave. in ankle deep water with their seven-year-old daughter, an adult friend, and the friend's young daughter, when there was a sudden, violent beach collapse under their feet. All four, according to the lawsuit and eyewitness accounts, were quickly swept out into Hereford Inlet.

Mr. Smith, a strong and experienced swimmer, fought the swirling undertow, raised his daughter above his head, and she was rescued by an individual piloting a jet ski. His body was recovered three days later approximately two miles from where the incident occurred. Scott Sunderland, the family friend, and his daughter survived the horror. The Smith and Sunderland families were vacationing together, renting a townhome in a nearby North Wildwood marina. Following the incident while the search continued, Mrs. Smith said local police visited her daily, often reporting – as if it were routine - on rescues of unsuspecting beach goers at the same location by the inlet where her husband drowned.

In the complaint, which seeks damages and a court order to immediately close the dangerous section of beach, it is asserted that North Wildwood failed to properly safeguard the public regarding the section of beach commonly known to have a "steep and unobservable drop-off at the area of the accident", as well as inadequate and faded warning signs around the area. However, even the warning signs cautioned against swimming, not walking.

The state of New Jersey, according to the complaint, has an ownership interest in the beach in addition to North Wildwood and shares in the responsibility for Mr. Smith's death as a result of its negligence. Cape May County is also named as a defendant in the civil action.

The complaint includes portions of a July 1, 2013 recorded interview with a lieutenant on the North Wildwood Beach Patrol in which he stated that Mr. Smith's incident was not surprising given the hazardous condition presented by the inlet beach.

According to the complaint, he related that seven people had drowned there over a nine-year period and that "It's anything but safe to swim." He predicted that additional drownings are 'going to happen again. ' Closure, not simply posting warning signs, was necessary, but would not happen due to concerns about the economic impact on local commercial businesses, primarily oceanfront bars.

Paul D'Amato, Esq., stated, "Mrs. Smith is bringing this action because she does not want what happened to her husband to happen to anyone else, ever". He added, "We now know based on our pre-filing investigation that this was a fatal accident waiting to happen and that there must be immediate action to prevent additional loss of life." Attorney Dominic Speziali (of the D'Amato firm) is serving as co-counsel on behalf of the plaintiffs and Joseph Grassi, whose firm is based in Wildwood,  is serving as counsel on behalf of the decedent's adult children.

Attorney Grassi noted that following the tragedy, Mr. Sunderland, stated that he and Mr. Smith – the closest of friends whose families frequently vacationed together at the Jersey shore - were completely unaware of the hidden dangers of taking what was to be a leisurely walk on the inlet beach while their wives and other children played, and relaxed on the same beach nearby

"Signs said 'No Swimming', and we weren't, we were just walking," he stated, noting that a local detective told him that out-of-towners are completely unsuspecting of the dark and dangerous history of the site. Mr. Smith and his family were first time visitors to North Wildwood and the inlet beach that claimed his life.

Mr. Smith is  survived by Sandra, their two children, now ages 9 and 13,  two adult children by his previous marriage, two grandchildren, his parents, two sisters, a brother, and numerous nephews and nieces. He was the long time owner-operator of the popular Brad's Turnpike Auto, 470 Easton Road, Horsham, PA.

SOURCE D'Amato Law Firm