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Keywords

liabilitycorporationnonprofitsustainedduty of care
plaintifftrialcorporationnonprofit

Related Cases

Green v. Monmouth University, 237 N.J. 516, 206 A.3d 394, 365 Ed. Law Rep. 1195

Facts

Frances Green attended a Martina McBride concert at Monmouth University's Multipurpose Activity Center on December 9, 2012. During the concert, she fell on stairs that she alleged were poorly lit and unsafe, resulting in injuries. Green claimed that the university, as a business invitee, breached its duty of care. The university argued that it was a non-profit educational institution and that the concert was part of its educational mission, thus claiming immunity under the Charitable Immunity Act.

On December 9, 2012, Green attended a concert at the University's Multipurpose Activity Center (MAC).

Issue

Whether Monmouth University is immune from liability under the Charitable Immunity Act for injuries sustained by Frances Green during a concert held at its facility.

We consider whether the University is immune from Green's suit pursuant to the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11.

Rule

A nonprofit organization qualifies for charitable immunity if it was formed for nonprofit purposes, organized exclusively for charitable or educational purposes, and was promoting such objectives at the time of the injury to a beneficiary of its charitable works.

An entity qualifies for charitable immunity when it (1) was formed for nonprofit purposes; (2) is organized exclusively for religious, charitable or educational purposes; and (3) was promoting such objectives and purposes at the time of the injury to plaintiff who was then a beneficiary of the charitable works.

Analysis

The court determined that Monmouth University was engaged in promoting its educational objectives by hosting the concert, which was open to the public and aligned with its stated goals of providing cultural and educational experiences. The court found that Green, despite not being a student, was a direct beneficiary of the university's charitable works when she attended the concert. The majority opinion emphasized that the concert fell within the university's mission as outlined in its certificate of incorporation.

We agree with the Appellate Division majority that Monmouth University's decision to host a musical concert open to the public — an activity explicitly provided for under the 'purposes' section of the University's certificate of incorporation — served its educational goal.

Conclusion

The Supreme Court affirmed the Appellate Division's decision, holding that Monmouth University was entitled to charitable immunity under the Charitable Immunity Act, as the concert served its educational purposes and Green was a beneficiary.

Monmouth University is therefore immune from Green's claims, and we affirm the judgment of the Appellate Division.

Who won?

Monmouth University prevailed in the case because the court found that it was promoting its educational objectives at the time of the incident and that Green was a beneficiary of those objectives.

The trial court found that the University was 'without dispute a non-profit educational institution organized for charitable purposes.'

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