TRENTON — A New Jersey appellate panel has upheld a trial judge’s decision dismissing a lawsuit against Jenkinson’s over the 2020 offseason drowning of an Ocean County man.
The opinion, issued by Judges Jack Sabatino, Kay Walcott-Henderson and Stanley Bergman Jr., found the company was not liable for the death of 69-year-old Anthony Timpanaro of Manchester, who was pulled into the surf by a wave in September 2020.
Timpanaro’s family argued Jenkinson’s failed to properly warn visitors about dangerous conditions and should have locked its beach entrances. But the court noted the family acknowledged seeing “no swimming” signs and being told by a parking attendant that people could walk on the sand but not enter the water. No lifeguards were on duty because the summer season had ended.
The judges agreed with the lower court that the ocean cannot be made safe and that Jenkinson’s provided adequate warnings. They also rejected claims that the company should have closed the beach, pointing out there were no storm alerts or emergency declarations that would have required restricting access.
The case became part of a broader dispute in 2023, when Jenkinson’s briefly closed its beach entrances in the offseason, prompting the state Department of Environmental Protection to order the company to restore access under the Public Trust Doctrine.
With the ruling, the dismissal of the Timpanaro family’s lawsuit stands.
