Wade Clark Mulcahy LLP

<p style="text-align: justify;">The Appellate Division recently analyzed whether a sporting event was “promoting” a charitable or educational objective of Kean University to afford immunity for Kean under the Charitable Immunity Act. <em><a href="https://www.wcmlaw.com/wp-content/uploads/2022/05/Fisher-v.-Kean-University.pdf">Fisher v. Kean University</a>,</em> 2022 WL 906582 (App. Div. 2022). In this case, a plaintiff who was competing in a high school soccer tournament hosted by Kean was injured after tripping and falling on an uneven sidewalk causing her to require cervical surgery.</p>
<p style="text-align: justify;">To qualify for charitable immunity, an entity must (1) be formed for nonprofit purposes; (2) be organized exclusively for religious, charitable or educational purposes, and (3) must be promoting such objectives and purposes at the time of the injury to plaintiff who was then a beneficiary of the charitable work. At issue in this case was whether the soccer tournament furthered the objectives and purposes of Kean University.</p>
<p style="text-align: justify;">Kean argued that it was promoting its charitable and educational objectives by hosting the NJSIAA Girls Soccer Championships. Kean cited to its mission statement, which was to “dedicate itself to the intellectual, cultural, and personal growth of all its members.” The mission statement further stated “Kean is an interactive university and…. serves as a major resource for regional advancement. Kean collaborates with business, labor, government and the arts, as well as educational and community organizations and provides the region with cultural events and opportunities for continuous learning.”</p>
<p style="text-align: justify;">The Appellate Division noted that NJ precedent has afforded substantial latitude to nonprofit institutions in determining the appropriate avenues for achieving their objectives. An “educational objective” is broadly interpreted and not limited to purely scholastic activities. Because Kean’s mission statement specified its intention to prepare students to serve as active and contributing members of their communities and to collaborate with community organizations, no reasonable factfinder could conclude that Kean was not promoting its stated objectives by hosting a high school soccer championship game at its stadium. Therefore, Kean was granted immunity and the plaintiff’s claims against Kean were dismissed. This case further reaffirms the broad scope of immunity granted under New Jersey’s Charitable Immunity Act and will prove useful in defending non-profit institutions in the future.</p>
<p style="text-align: justify;">Thanks to Brendan Gilmartin for his contribution to this post. Please contact <a href="mailto:haquino@wcmlaw.com">Heather Aquino</a> with any questions.</p>