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Judge ends suit from beach where 3 died walking near shore

December 18, 2018

ATLANTIC CITY, N.J. (AP) — A New Jersey judge has dismissed a lawsuit filed by the family of a man who died when the sand under his feet collapsed as he walked along the shoreline, plunging him into the swirling waters of an inlet.

Superior Court Judge John Porto dismissed a lawsuit Tuesday brought by the family of Brad Smith, of Horhsam, Pennsylvania, who died in July 2012.

The judge cites state law granting immunity to governments from injuries occurring on unimproved public property, or land that is in its natural condition.

He ruled that conditions at the Hereford Inlet in North Wildwood were naturally occurring, ending the suit against the city and state.

Two other people died in a nearly identical manner three years earlier, but they were not part of the lawsuit.