Search Rutgers Law Library N.J. Court Opinions

16 JAMES F. WALTERS v. YMCA -- rank: 745

... absolute immunity pursuant to the Charitable Immunity Act (the Act), N.J.S.A. 2A:53A-7 to -11. The Law Division judge disagreed, concluding the Act ... and outside the benefactions of such corporation, society or association. [ N.J.S.A. 2A:53A-7(a).] Importantly, the Legislature declared the provisions of the Act ... nonprofit corporation . . . organized exclusively for . . . charitable, [and] educational . . . purposes,' within N.J.S.A. 2A:53A-7." Id. at 5. This concession primarily resulted because the injured ... was not organized "exclusively for religious, charitable or educational purposes," N.J.S.A. 2A:53A-7, or some combination thereof. This is the legal issue we ... Evangelical Lutheran Church , 175 N.J. 333 , 341 (2003) (quoting N.J.S.A. 2A:53A-7), with the focus of the inquiry centering "on the essence ... funds is critical to immunity because a primary purpose of N.J.S.A. 2A:53A-7 is to protect and encourage private philanthropy, ensure continuation ...

docket:	a1130-15
court:	NJ Superior Court Appellate Division
decided:	2016-08-16
status:	unpublished
citation:
Document Size:	73718

17 P.V. v. Camp Jaycee -- rank: 739

... N.J. 132, 962 A.2d 453. Original MSWord Version N.J.S.A. 2A:53A-7 to -11, applies to a tort committed in Pennsylvania. "" SYLLABUS ... the question of whether New Jersey's charitable immunity statute, N.J.S.A. 2A:53A-7 to -11, applies to a tort committed in Pennsylvania. Over ... the question of whether New Jersey's charitable immunity statute, N.J.S.A. 2A:53A-7 to -11, applies to a tort committed in Pennsylvania. In ... from suit under the New Jersey Charitable Immunity Act (CIA). N.J.S.A. 2A:53A-7 to -11. The trial judge granted Camp Jaycee's motion ... of the works of such nonprofit corporation, society or association . . . . [ N.J.S.A. 2A:53A-7(a).] Contrary to New Jersey's policy of immunization, Pennsylvania ... L. 1987, c. 87 (Senate Bill No. 2705 codified at N.J.S.A. 2A:53A-7.4 (enacting Senate Bill No. 540). This, too, has ...

docket:	a-31-07
court:
decided:	2008-11-24
status:
citation:	197 N.J. 132 962 A.2d 453
Document Size:	207568

18 Douglas White, etc.v. Alfred Mattera, D.O., et al. -- rank: 733

... 53A-8 provides: Notwithstanding the provisions of the foregoing paragraph [ N.J.S.A. 2A:53A-7], any nonprofit corporation, society or association organized exclusively for hospital ...

docket:	a-90-01
court:	njsupreme
decided:	2003-02-05
status:
citation:	175 N.J. 158
Document Size:	41141

19 R.A. v. WEST ESSEX REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION -- rank: 731

... standard for liability under the New Jersey Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, for claims against non-profit organizations for injuries resulting from sexual crimes and abuse. See N.J.S.A. 2A:53A-7(c); L. 2019, c. 120, § 5; see also Statement ... to the [December 1, 2019] effective date of' the legislation. N.J.S.A. 2A:53A-7.5(b) (emphasis added); L. 2019, c. 120, § 6 ...

docket:	a0329-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-01
status:	Unpublished
citation:
Document Size:	84050

20 DANIELLE GRABER V. RICHARD STOCKTON COLLEGE OF NEW JERSEY AND PROFESSOR ALAN STEINBERG -- rank: 731

... 59:1-1 et. seq. , and the Charitable Immunity Statute, N.J.S.A. 2A:53A-7.     On February 19, 1996, Stockton and Professor Steinberg moved for ... spring of 1995, at the time of Graber's accident, N.J.S.A. 2A:53A-7 provided that:         [n]o nonprofit corporation, society or association organized ... respect to these determinations.     The second condition set forth in N.J.S.A. 2A:53A-7 is that an entity asserting the statute as a defense ... A. 18A:64-1.          The third condition set forth in N.J.S.A. 2A:53A-7 is that the immunity provided in the statute only shields ... his status as a student of an entity protected by N.J.S.A. 2A:53A-7. The trial judge denied the motion both times. The jury ... that Seton Hall was entitled to the immunity provided by N.J.S.A. 2A:53A-7, reversed the judgment for Bloom and dismissed his complaint ...

docket:	a4451-96
court:	njappellate
decided:	1998-04-24
status:	published
citation:	313 N.J.Super. 476
Document Size:	30378

21 Vandella Davis v. Devereux Foundation -- rank: 731

... negligence, they were barred by the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. The court further concluded that New Jersey law ... Network, and McClain. Barred by the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to –11, from recovering against Devereux on a theory ... Legislature upon the liability of charitable institutions in the CIA, N.J.S.A. 2A:53A-7 to –11, Devereux owes to Davis a duty of ...

docket:	A-54-10
court:	NJ Supreme Court
decided:	2012-02-29
status:
citation:
Document Size:	190954

22 CAROLYN KOSTERA v. BACHARACH INSTITUTE FOR REHABILITATION -- rank: 725

... to $250,000, pursuant to the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -13, specifically, N.J.S.A. 2A:53A-8, which provides: Notwithstanding the provisions of [ N.J.S.A. 2A:53A-7], any nonprofit corporation . . . organized exclusively for hospital purposes shall be ... and unrelated to and outside of the benefactions of" BIR. N.J.S.A. 2A:53A-7(b). In a comprehensive written opinion, the judge concluded that ... of the works of such nonprofit corporation, society or association ." N.J.S.A. 2A:53A-7(b) (emphasis added). The "immunity from liability [does] not extend ... 247 (emphasis added) (citation omitted). By the plain language of N.J.S.A. 2A:53A-7 and -8, a hospital is subject to limited liability under ... to" those good works. Id. at 350, 353; see also N.J.S.A. 2A:53A-7(b). As already noted, the judge in this case ...

docket:	a1991-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-06
status:	unpublished
citation:
Document Size:	81270

23 C.M.D. v. BRIDGEWAY REHABILITATION SERVICES, INC. -- rank: 719

... various provisions of the TCA. II. 2 Charitable Immunities Act, N.J.S.A. 2A:53A-7, -11. 3 Tort Claims Act, N.J.S.A. 59 ... judgment, the trial court concluded the claims were barred by N.J.S.A. 2A:53A-7(a) of the CIA. The court made findings, including that ... degree.'' Having concluded the Bridgeway defendants were statutorily immune under N.J.S.A. 2A:53A-7(a), the court next considered plaintiffs' argument that the Bridgeway defendants were not immune because they were grossly negligent, N.J.S.A. 2A:53A-7(c). Examining the record, the court found no evidence the ... or association organized exclusively for religious, charitable or educational purposes. [N.J.S.A. 2A:53A-7(a).] The statute further provides that it 'shall be deemed ... J.S.A. 2A:53A-10. Applying the language of N.J.S.A. 2A:53A-7(a), the Supreme Court A-2970-20 17 has ...

docket:	a2970-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	51385

24 Leah Coleman v. Sonia Martinez -- rank: 714

... claimed protection under the New Jersey Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to - 11.5 During discovery, Dr. Charles A. Dackis, M ...

docket:	a-3-20
court:	NJ Supreme Court
decided:	2021-07-15
status:
citation:
Document Size:	118563

25 ROBIN NEUMANN v. BRICK TOWNSHIP BOARD OF EDUCATION -- rank: 711

... in favor of the BTSA under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to 11. N.J.S.A. 2A:53A-7(a) provides: No nonprofit corporation, society or association organized exclusively ... satisfaction is not a beneficiary under the Charitable Immunity statute, N.J.S.A. 2A:53A-7, and therefore is entitled to bring a personal injury action ... 411 N.J. Super. 198 , 205 (App. Div. 2009) (quoting N.J.S.A. 2A:53A-7(a)), certif. denied , 201 N.J. 443 (2010), we stated ... of the works of such nonprofit corporation, society or association[.]" N.J.S.A. 2A:53A-7 (emphasis added). Parents' desire for the love and companionship of ... therefore a direct beneficiary of BTSA's charitable bounty under N.J.S.A. 2A:53A-7. See Gray , supra , 217 N.J. Super. at 495 ( ...

docket:	a1402-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	49849

26 C.P. v. THE GOVERNING BODY OF JEHOVAH'S WITNESSES -- rank: 700

... Oct. 18, 2001). In 1995, the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11, was amended to expose nonprofit, educational, and religious ... willful, wanton, or grossly negligent conduct resulting in sexual abuse. N.J.S.A. 2A:53A-7(a). In 2006, the CIA was again amended to provide ... of an employee, agent, or servant led to sexual abuse. N.J.S.A. 2A:53A-7.4. In addition, as we have recently stated, 'In 2019 ... profit organizations established for religious, charitable, educational, or hospital purposes. N.J.S.A. 2A:53A-7 (creating additional liability); N.J.S.A. 2A:14-2 ... of [eighteen] who is a beneficiary of the nonprofit organization.' N.J.S.A. 2A:53A-7.4 (2005). This amendment initially only applied prospectively, N.J.S.A. 2A:53A-7.5 (2005), but was made retroactive by the Legislature ...

docket:	a1779-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-15
status:	Published
citation:
Document Size:	36498

27 LAMBERT AND ALICE S. DE VRIES V. HABITAT FOR HUMANITY ET AL -- rank: 700

... it is entitled to immunity under the charitable immunity statute, N.J.S.A. 2A:53A-7. We conclude that a volunteer worker who conferred a benefit ... return other than personal satisfaction was not a "beneficiary" under N.J.S.A. 2A:53A-7 and is entitled to bring a tort action. II.     Lambert ... property under construction.     Defendant Habitat claimed immunity from liability under N.J.S.A. 2A:53A-7 and moved for summary judgment. Judge Hamer denied Habitat's ... the New Jersey Legislature enacted a statute, ultimately codified as N.J.S.A. 2A:53A-7, which granted a limited immunity from liability to certain nonprofit ... the benefactions of" the nonprofit entity. A more recent statute, N.J.S.A. 2A:53A-7.1, L. 1987, c . 87, § 1, grants absolute or unconditional ... for the center's benefit does not subject her to N.J.S.A. 2A:53A-7.         [ Id. at 369.]     Several other of our cases have ...

docket:	a1421-95
court:	njappellate
decided:	1996-05-17
status:	published published
citation:	<a href=
Document Size:	37702

28 STATE OF NEW JERSEY v. HASHONA CLARK -- rank: 694

... provisions of New Jersey's Charitable Immunity Act (the "CIA"), N.J.S.A. 2A:53A-7 and -8, either barred plaintiff's claims entirely or limited ... nursing home, defendant was entitled to complete charitable immunity under N.J.S.A. 2A:53A-7 for non-profit entities organized "exclusively for religious, charitable or ... of the works of such nonprofit corporation, society or association[.]" N.J.S.A. 2A:53A-7(a). In addition, the CIA provides a $250,000 limitation ...

docket:	a0245-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-23
status:	unpublished
citation:
Document Size:	54372

29 MARTHA C. PTASZYNSKI v. ATLANTIC HEALTH SYSTEMS INC. -- rank: 694

... provisions of New Jersey's Charitable Immunity Act (the "CIA"), N.J.S.A. 2A:53A-7 and -8, either barred plaintiff's claims entirely or limited ... nursing home, defendant was entitled to complete charitable immunity under N.J.S.A. 2A:53A-7 for non-profit entities organized "exclusively for religious, charitable or ... of the works of such nonprofit corporation, society or association[.]" N.J.S.A. 2A:53A-7(a). In addition, the CIA provides a $250,000 limitation ...

docket:	a0245-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-20
status:	published
citation:	440 N.J.Super. 24 111 A.3d 111
Document Size:	54719

30 J.D. v. GARFIELD PARK ACADEMY -- rank: 694

... against them are barred by the Charitable Immunity Act (Act), N.J.S.A. 2A:53A-7 to -11. He found that plaintiffs failed to offer proof ... a psychologist, did not fall within the Healthcare Provider Exemption, N.J.S.A. 2A:53A-7, and were therefore also immune under the Act. Because defendants ... and Dale Starcher as They Were Medical Providers Pursuant to N.J.S.A. 2A:53A-7. POINT FIVE: APPELLANT'S CLAIMS FOR PUNITIVE DAMAGES ARE WARRANTED ... of the works of such nonprofit corporation, society or association[.] [ N.J.S.A. 2A:53A-7(a).] The Act provides the immunity is not available for conduct such as gross negligence or willful conduct. N.J.S.A. 2A:53A 7(c)(1) states that charitable immunity does not protect "any ... from the Act because they were practicing their profession. See N.J.S.A. 2A:53A-7(c). But plaintiffs do not identify how the development ...

docket:	a4359-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-20
status:	unpublished
citation:
Document Size:	42590