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 Results for ("N.J.S.A. 2A:53A-7")   1 to 15 of 132 results. Run time: 0.787 seconds | Search time: 0.780 seconds    
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1 Terry Kuchera v. Jersey Shore Family Health -- rank: 1000
... health care facility is entitled to charitable immunity pursuant to N.J.S.A. 2A:53A-7, or the limited liability afforded to nonprofit entities organized exclusively ... to the absolute immunity conferred on certain charitable organizations by N.J.S.A. 2A:53A-7, and dismissed plaintiff’s complaint with prejudice. The Appellate Division ... a hospital, defendants also provide the beneficial services listed in [ N.J.S.A. 2A:53A-7] and are, therefore, not engaged solely in hospital functions to ... organized exclusively for hospital purposes. 1. The Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (CIA or the Act), provides immunity for certain ... cap on damages from liability for negligence rather than immunity. N.J.S.A. 2A:53A-7 to -13.1. (pp. 9-10). 2. To emphasize the ... purposes, and those organized for hospital purposes in separate sections. N.J.S.A. 2A:53A-7 and -8. The most prominent distinction between nonprofit entities ...
docket: A-60-13
court: NJ Supreme Court
decided: 2015-03-31
status:
citation: 221 N.J. 239 111 A.3d 84
Document Size: 74837
2 ALFRED HEHRE v. ROBERT DEMARCO, JR -- rank: 971
... under New Jersey's Charitable Immunity Act (CIA or Act), N.J.S.A. 2A:53A-7 to -11. The trial court denied the motion, holding that N.J.S.A. 2A:53A-7(c)(2) exempts from immunity a "trustee, director, officer, employee ... the statute, plaintiff can invoke the exemption to immunity under N.J.S.A. 2A:53A-7(c)(2) if he can prove to a jury that ... trial court erred when it construed the exemption provided in N.J.S.A. 2A:53A-7(c)(2) as vitiating the otherwise clear immunity afforded to charitable entities in N.J.S.A. 2A:53A-7(a). We agree and reverse. The exemption to immunity provided in N.J.S.A. 2A:53A-7(c)(2) applies only to a "trustee, director, officer, ...
docket: a2812-10
court: NJ Superior Court Appellate Division
decided: 2011-08-18
status: published
citation: 421 N.J. Super. 501 24 A.3d 836
Document Size: 29676
3 Hardwicke v. American Boychoir School -- rank: 966
... household” under the CSAA. (pp. 31-33) 7. The CIA, N.J.S.A. 2A:53A-7(a), explicitly states that no nonprofit corporation, society or association ... and outside the benefactions of such corporation, society or association. [ N.J.S.A. 2A:53A-7(a).] We approach the task of statutory interpretation in respect ... at 25 (1995)) (citations omitted).] By the plain meaning of N.J.S.A. 2A:53A-7(a), “an entity qualifies for charitable immunity when it ... agent or servant of such corporation, society, or association . . . .” N.J.S.A. 2A:53A-7(a) (emphasis added). In that the statute speaks only of ... hint that . . . “negligence” . . . denotes anything other than ordinary negligence. N.J.S.A. 2A:53A-7 does not mention other forms of aggravated wrongful conduct, such ... We add only the following. In 1995, the Legislature amended N.J.S.A. 2A:53A-7(a) and -7(c). L. 1995, c. 183, § ...
docket: a-17-04
court:
decided: 2006-08-08
status:
citation: *CITE_PENDING*
Document Size: 190776
4 ANITA M. KLEIN v. BRISTOL GLEN, INC. -- rank: 941
... whether defendants were charitable organizations entitled to charitable immunity under N.J.S.A. 2A:53A-7, and that the trial court incorrectly ruled that N.J ... that Bristol Glen and UMH were "charitable organizations" pursuant to N.J.S.A. 2A:53A-7 and -9 based on the "undisputed facts" that defendants were ... court ruled that the two defendants were charitable institutions under N.J.S.A. 2A:53A-7 because they were non-profit corporations whose mission is to ... 1950s, the Legislature responded by enacting the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, to restore charitable immunity as it existed at ... applied within the framework of the Court's analysis of N.J.S.A. 2A:53A-7. Supra , 175 N.J. at 345; s ee also Bieker ... the non-profit corporation serves a charitable purpose under an N.J.S.A. 2A:53A-7 analysis. N.J.S.A. 2A:53A-9, titled " ...
docket: a1382-08
court: superior court appellate division
decided: 2010-08-04
status: unpublished
citation:
Document Size: 68033
5 P.V. v. Camp Jaycee -- rank: 924
... 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 ... sunset provision. L. 1959, c. 90, § 1 (codified at N.J.S.A. 2A:53A-7). When our Legislature spoke on the issue, it did so ... an expression of the public policy of this State. See N.J.S.A. 2A:53A-7(a). Although the statute has been amended from time ...
docket: a-31-07
court:
decided: 2008-11-24
status:
citation: 197 N.J. 132
Document Size: 163274
6 JOHN W. HARDWICKE, JR., et al. v. AMERICAN BOYCHOIR SCHOOL, et al. -- rank: 885
... the case did not raise issues of charitable immunity. See N.J.S.A. 2A:53A-7. In the present cases, like Frugis , plaintiffs John W. Hardwicke ... against the school as barred by the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Finally, the court dismissed a claim by plaintiff ... 10, we are nonetheless bound by the plain language of N.J.S.A. 2A:53A-7 and constrained by the spectre of unconstitutionality were we to ... We then stated in dictum that "the 1995 amendments to N.J.S.A. 2A:53A-7 granting employees and agents immunity, but excepting from that immunity ... the school; (2) the applicability of the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, to claims under the Child Sexual Abuse Act ... premised on the belief that the Charitable Immunity Act ("CIA"), N.J.S.A. 2A:53A-7 et seq. , immunizes a nonprofit educational institution from civil ...
docket: A3081-02
court: NJ Superior Court Appellate Division
decided: 2004-03-26
status: published
citation:
Document Size: 129401
7 JOHN W. HARDWICKE, JR., et al. v. AMERICAN BOYCHOIR SCHOOL, et al. -- rank: 885
... the case did not raise issues of charitable immunity. See N.J.S.A. 2A:53A-7. In the present cases, like Frugis , plaintiffs John W. Hardwicke ... against the school as barred by the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Finally, the court dismissed a claim by plaintiff ... 10, we are nonetheless bound by the plain language of N.J.S.A. 2A:53A-7 and constrained by the spectre of unconstitutionality were we to ... We then stated in dictum that "the 1995 amendments to N.J.S.A. 2A:53A-7 granting employees and agents immunity, but excepting from that immunity ... the school; (2) the applicability of the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, to claims under the Child Sexual Abuse Act ... premised on the belief that the Charitable Immunity Act ("CIA"), N.J.S.A. 2A:53A-7 et seq. , immunizes a nonprofit educational institution from civil ...
docket: A3080-02
court: NJ Superior Court Appellate Division
decided: 2004-03-26
status: published
citation: 368 N.J. Super. 71 845 A.2d 619
Document Size: 129515
8 JOHN W. HARDWICKE, JR., et al. v. AMERICAN BOYCHOIR SCHOOL, et al. -- rank: 885
... the case did not raise issues of charitable immunity. See N.J.S.A. 2A:53A-7. In the present cases, like Frugis , plaintiffs John W. Hardwicke ... against the school as barred by the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Finally, the court dismissed a claim by plaintiff ... 10, we are nonetheless bound by the plain language of N.J.S.A. 2A:53A-7 and constrained by the spectre of unconstitutionality were we to ... We then stated in dictum that "the 1995 amendments to N.J.S.A. 2A:53A-7 granting employees and agents immunity, but excepting from that immunity ... the school; (2) the applicability of the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, to claims under the Child Sexual Abuse Act ... premised on the belief that the Charitable Immunity Act ("CIA"), N.J.S.A. 2A:53A-7 et seq. , immunizes a nonprofit educational institution from civil ...
docket: A2803-02
court: NJ Superior Court Appellate Division
decided: 2004-03-26
status: published
citation:
Document Size: 129401
9 TERRY KUCHERA v. JERSEY SHORE FAMILY HEALTH CENTER -- rank: 862
... Health, on the basis of the charitable immunity afforded by N.J.S.A. 2A:53A-7. 1 We affirm. The essential facts are not in dispute ... moved for summary judgment, maintaining that as charitable organizations under N.J.S.A. 2A:53A-7, they are immune from liability to plaintiff, who on the ... purpose, and therefore qualifying for the absolute immunity afforded by N.J.S.A. 2A:53A-7. Section 7 of the New Jersey Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -10 (Act), affords blanket immunity from tort liability to ... or servant individually from their liability for any such negligence. [ N.J.S.A. 2A:53A-7.] Thus, under Section 7, to receive complete immunity, an organization ... Medical Center has an "educational" purpose within the intendment of N.J.S.A. 2A:53A-7, a fact even plaintiff concedes. In evaluating whether an ...
docket: a2155-12
court: NJ Superior Court Appellate Division
decided: 2013-10-10
status: unpublished
citation:
Document Size: 32120
10 FRANCES GREEN v. MONMOUTH UNIVERSITY -- rank: 829
... judgment to the University under the Charitable Immunity Act (Act), N.J.S.A. 2A:53A-7 to - 11. '[W]e consider the trial court's determination ... outside of the benefactions of such corporation, society or association. [ N.J.S.A. 2A:53A-7(a) (emphasis added).] 'By the plain meaning of N.J.S.A. 2A:53A-7(a), 'an entity qualifies for charitable immunity when it '(1 ... it is a 'nonprofit corporation . . . organized exclusively for . . . educational purposes.' N.J.S.A. 2A:53A-7(a). However, she disputes the third prong: that the University ... institution. Indeed, even an organization 'organized exclusively' for 'charitable' purposes, N.J.S.A. 2A:53A-7, may be immune when it rents its facilities to for ... than personal satisfaction [and thus] was not a 'beneficiary' under N.J.S.A. 2A:53A-7.' Id. at 481.4 Plaintiff does not claim she ' ...
docket: a1652-15
court: NJ Superior Court Appellate Division
decided: 2018-01-08
status: published
citation: 452 N.J.Super. 542 178 A.3d 83
Document Size: 73460
11 O'Connell v. Montclair State University -- rank: 815
... is entitled to immunity under the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. In October 1995, O'Connell was a full ... is entitled to immunity under the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. According to the CIA, an entity is entitled ... effectuate their intended scope.' Id. at 486 (quoting comment to N.J.S.A. 2A:53A-7. The statute protects a qualifying organization only from liability to ... with the phrase [n]o nonprofit corporation . . . shall [] . . . be liable. N.J.S.A. 2A:53A-7 (emphasis added). It does not state [n]o private nonprofit ... of the works of such nonprofit corporation, society or association . . . . N.J.S.A. 2A:53A-7. Additionally, the beneficiary language of N.J.S.A. 2A:53A-7 is associated generally with the implied waiver theory. See, ...
docket: a-93-00
court: njsupreme
decided: 2002-05-06
status:
citation: 171 N.J. 484
Document Size: 49372
12 /usr/local/share/www/libweb/collections/courts/appellate/a2066-20.opn.html -- rank: 815
... the TCA, the CSAA, and the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11, and it also enacted entirely new statutes of ... including sexual assault' and 'any crime of a sexual nature.' N.J.S.A. 2A:53A-7(c). Additionally, Section 6 of Chapter 120 amended N.J.S.A. 2A:53A-7.5, to extend the statute of limitations for claims under N.J.S.A. 2A:53A-7.4, which makes charitable organizations liable for acts of negligence ... J.S.A. 59:8-8 and -9. 6 When N.J.S.A. 2A:53A-7.4 was enacted in 2005 and made effective in 2006 ... of limitations' in N.J.S.A. 2A:14-2a. N.J.S.A. 2A:53A-7.5(b). A-2066-20 11 Section 8 of ...
docket:
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Document Size: 38625
13 Frances Green v. Monmouth University -- rank: 803
... from Green’s suit pursuant to the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Under the circumstances of this case, the answer ... contours of the immunity it grants to nonprofit entities in N.J.S.A. 2A:53A-7(a). “Distilling the statutory language to its essence, ... from Green’s suit pursuant to the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Under the circumstances of this case, the answer ... the University maintains, it is entitled to charitable immunity under N.J.S.A. 2A:53A-7 and relevant case law. III. A. A trial court shall ... outside of the benefactions of such corporation, society or association. [N.J.S.A. 2A:53A-7(a).] “Distilling the statutory language to its essence, ... ’” Green, 452 N.J. Super. at 550 (quoting N.J.S.A. 2A:53A-7(a)). At issue in this matter is the third ...
docket: a-63-17
court: NJ Supreme Court
decided: 2019-05-07
status:
citation: 237 N.J. 516 206 A.3d 394
Document Size: 61639
14 S.B.K. v. HARVEST OF HOPE -- rank: 784
... was entitled to immunity under the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. On January 23, 2015, the court heard oral ... judgment based on the immunity provided to charitable organizations under N.J.S.A. 2A:53A-7. Harvest of Hope argued before the Law Division that it ... Moorestown, 169 N.J. 167, 174 (2001). In pertinent part, N.J.S.A. 2A:53A-7 provides as follows: No nonprofit corporation, society or association organized ... including sexual assault and other crimes of a sexual nature[.] [ N.J.S.A. 2A:53A-7 (emphasis added).] Thus, in order for charitable immunity to apply ... satisfies the second prong of the statutory standard codified in N.J.S.A. 2A:53A- 7(a). Estate of Komninos, 417 N.J. Super. at 320 ... organized for religious, charitable, or educational purposes in accordance with N.J.S.A. 2A:53A-7(a), and if so, whether Harvest of Hope's ...
docket: a3060-15
court: NJ Superior Court Appellate Division
decided: 2018-08-14
status:
citation:
Document Size: 47672
15 Twanda Jones v. Morey Pier, Inc. -- rank: 778
... statutory limit. There, a section of the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, imposed a cap on the quantum of damages ...
docket: A-75-15
court: NJ Supreme Court
decided: 2017-07-27
status:
citation: 230 N.J. 142 165 A.3d 769
Document Size: 127291
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