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The Bridgewater lawyer filing the suit says she doesn't think there is any correlation between her legal action and Jenkinson's decision this week to lock off its privately-owned beaches. In fact, there are still three public access points to Jenkinson-owned beaches in Point Pleasant, according to the lawyer, Cynthia Walters.
"The lawsuit doesn't claim they should close gates," Walters said. "They've been closing the gates at will for years."
Point Pleasant Mayor Paul Kanitra announced on Tuesday, Sept. 12 that Jenkinson's privately owned beaches had been closed off to the public because of a lawsuit over an apparent off-season drowning.
The lawsuit that allegedly triggered the closure was not identified by Kanitra and has yet to be confirmed by Jenkinson's, which did not return a call for comment.
Three years ago in the wake of Hurricane Teddy, Anthony Timpanaro of Randolph drowned at Point Pleasant, and his family has asked for unspecified financial compensation for pain and suffering, lost wages and support.
The suit says Jenkinson's was grossly negligent and reckless for maliciously failing to provide warnings about the water conditions.
While fully clothed, standing near the water's edge of Arnold Avenue beach on a seemingly beautiful day, Timpanaro was pulled into the ocean. He was unable to swim out and rescuers including Point Pleasant police were unable to revive him, the lawsuit says, noting he'd been directed to the beach by a paid parking attendant.
There were no lifeguards on duty and no warnings near the entrance about the hazardous conditions or dangers of standing, walking or wading near the water's edge, the suit says.
"At the same time and place, as decedent was standing on the beach near the water’s edge fully clothed, the dangerous ocean water conditions knocked him off balance and the waves, swells, and/or strong currents pulled him out into the ocean."
The relatives observed Timpanaro's "anxiety including pain and suffering, calling out, struggling, flailing, and dying," the suit says.
Jenkinson's and their employees "had a legal duty to maintain the above beach front area reasonably safe for invitees including the duty to monitor and investigate beach and ocean water conditions, the duty to warn the invited public about dangerous conditions of which they knew or reasonably should have known and/or the duty to control and close beach access or to otherwise act in the face of dangerous and/or unsafe beach and ocean water conditions to protect the safety of invitees," the suit says.
Jenkinson's did not return a call for comment.
Jenkinson’s, in its answer to the wrongful death complaint, cited contributory negligence on the part of the plaintiffs, and the plaintiffs’ losses were caused by “entities over which the plaintiff had no control.” There is also a claim that the statute of limitations on the case expired.
The company's lawyers have asked for two more months of discovery time, Walters said.
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