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The New Jersey Court of Appeals has issued an opinion in favor of a pedestrian injured at a parking lot operated by a church in Hudson County. The case addresses the question as to whether a church or other charitable organization is liable for injuries suffered when she tripped on a defect in the sidewalk in front of the defendant church. The trial court had dismissed the case relying on the New Jersey Charitable Immunity Act, N.J.S.A. 2A:53A-7. Under that law, a person cannot sue a church or other charities for negligence if the person is a beneficiary, to whatever degree, of the works of the church or organization. However, the Appellate Division reinstated the case after determining that a question of fact may exist that the church used the parking lot for commercial purposes.
Are you aware of the risks which your charitable organization faces? While the case is not over for Iglesia Evangelica Oasis de Salvacion, the case thus far provides insight as to how the legal process works and raises awareness of potential risks to pastors and leaders of charitable organizations. You can read the language of the opinion by clicking here.Read More
The New Jersey Supreme Court issued a decision in Polzo v. County of Essex. The Court considered whether a county could be held liable for a fatal accident that occurred when a person lost control of her bicycle while riding across a two-foot wide, one-and-one-half inch depression on the shoulder of a county roadway. After an analysis of the facts, and the applicable New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, the Court decided that the County had no liability to the decedent as the County had no notice of the condition, the condition did not create a reasonably foreseeable risk of injury and the County’s actions were not palpably unreasonable.Read More
New Jersey attorneys now have the ability to retrieve the original .PDF version of decisions published after January 6, 2012. In New Jersey, the original .PDF decisions of appellate courts are made available on the court’s website for only 10 days. After 10 days, the original .PDF version is only available through paid services. The New Jersey Law Archive will eliminate the need to pay for original .PDF appellate decisions and will provide a free archive of the decisions. The archive can be accessed at www.NJLawArchive.com.Read More