OCEAN CITY- Ocean City late last week was dismissed as a defendant in a civil suit filed last June in federal court by a plaintiff impaled in the chest by a flying umbrella on the beach in July 2018.
In July 2018, Pennsylvania resident Jill Mendygral was impaled in the chest by a rented beach umbrella that had become dislodged from the sand and thrown through the air by a wind gust. In June, Mendygral, through her attorneys, filed a civil suit in U.S. District Court alleging negligence against the two named defendants, the Town of Ocean City and the beach equipment rental company 85 N Sunny, LLC, referred to simply as “Sunny” in court documents. The suit seeks damages in excess of $75,000 against each of the named defendants.
Last week, however, a U.S. District Court judge granted the Town of Ocean City’s motion to dismiss the case against the city with conditions. In its motion to dismiss, Ocean City asserted two essential arguments. U.S. District Court Judge Ellen Hollander dismissed the case against Ocean City, although the case against “Sunny” remains open. In her memorandum in support, the judge pointed out the two essential pillars of Ocean City’s motion to dismiss.
“Ocean City advances two principal arguments in support of dismissal,” the memorandum reads. “First, Ocean City contends that it owed no duty of care to plaintiff under the Maryland Code. This statute is known as the ‘recreational use statute,’ although the parties do not refer to it by that name. Second, it contends the plaintiff’s claim is barred by the doctrine of governmental immunity.”
The judge’s memorandum asserts the plaintiff failed to make a connection between the town and the beach stand owner and operator.
So OC not liable and City Hall is so happy – yet boobie-gate made it to the Supremes?
City Hall – what are you so happy about? Getting a dismissal of someone getting impaled or the constant “NEWS” of boobies on the beach.
Nov 2022 cannot get here fast enough!
Having owned and operated beach stands in OC, I can tell you that flying umbrellas are a problem. Even though the umbrella had been placed properly, renters will pick it up, change location and plant the umbrella themselves with out any idea of how to stand an umbrella. Windy days are also a problem in that some people will not use a wind block.