story from Herald Newspapers in Cape May County

Under New Jersey tort law, the city is a public entity and cannot be held liable "for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person."

Unfortunately for Kelly, tort law states that a "public entity (and its employees) is not liable for the exercise of discretion when, in the face of competing demands, it determines whether and how to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public entity was palpably unreasonable."

According to court documents, Margaret Kelly was enjoying a day at the beach with her husband and grandchildren on July 25, 2005. After finding a spot ear a lifeguard stand, Kelly waded into the surf with her granddaughter. While standing in the shallow water with her back to the beach, Kelly was struck in the back of her legs by an unmanned rescue kayak, causing a fracture of her tibia and fibula.