Morales v. New Jersey Academy of Aquatic Sciences

694 A.2d 600, 302 N.J. Super. 50, 1997 N.J. Super. LEXIS 276
CourtNew Jersey Superior Court Appellate Division
DecidedJune 19, 1997
StatusPublished
Cited by20 cases

This text of 694 A.2d 600 (Morales v. New Jersey Academy of Aquatic Sciences) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morales v. New Jersey Academy of Aquatic Sciences, 694 A.2d 600, 302 N.J. Super. 50, 1997 N.J. Super. LEXIS 276 (N.J. Ct. App. 1997).

Opinion

The opinion of the court was delivered by

SKILLMAN, J.A.D.

The issue presented by this appeal is whether the New Jersey Academy of Aquatic Sciences (Academy), a non-profit corporation which operates the New Jersey State Aquarium (Aquarium), is entitled to immunity from a suit under the Charitable Immunity Act (the Act), N.J.S.A. 2A:53A-7 to -11.

While visiting the Aquarium on a school trip, plaintiff Christina Morales slipped and fell on a piece of paper lying on a stairway, resulting in personal injuries. Plaintiff subsequently brought this action against the Academy, which was created, according to its certification of incorporation, “[t]o operate and manage an aquarium in the State of New Jersey for the instruction, entertainment and recreation of the public; [t]o acquire, exhibit and maintain living specimens of animals and to enhance their preservation and propagation; to acquire, exhibit and maintain a living collection of plants; [t]o provide for scientific research involving the observation, study and understanding of animals and aquatic ecosystems; [and][t]o provide educational opportunities for the public with respect to aquatic animals and plant life.” The Academy filed a third party complaint for contribution and indemnification against the City of Camden Board of Education, which supervised plaintiffs trip to the Aquarium.

After discovery was completed, the Academy moved for summary judgment on the ground that it is entitled to immunity from suit under the Act. This motion was supported by the affidavit and deposition of the Academy’s Director of Finance, which indicate that even though the Academy leases the Aquarium from the State for only $1, the Academy is solely responsible for the Aquarium’s operations, which are financed through admission fees, sales of food and novelty items, proceeds from short-term rentals to outside parties, and charitable donations. The Director of Finance also stated that “the Academy does not have any arrangement for financial aid, grants or assistance from the state government.” Plaintiff filed a cross motion for leave to file an amended [53]*53complaint adding the State and the Camden Waterfront Management Corporation as defendants.

The trial court granted the Academy’s motion for summary judgment, holding that it is entitled to immunity under the Act, and denied plaintiffs cross-motion. Plaintiff appeals. We affirm.

N.J.S.A. 2A:53A-7 provides in pertinent part:

No nonprofit corporation, society or association organized exclusively for religious charitable, educational or hospital purposes shall, except as is hereinafter set forth, be liable to respond in damages to any person who shall suffer damage from the negligence of any agent or servant of such corporation, society or association, where such person is a beneficiary, to whatever degree, of the works of such nonprofit corporation, society or association; provided, however, that such immunity from liability shall not extend to any person who shall suffer damage from the negligence of such corporation, society, or association or of its agents or servants where such person is one unconcerned in and unrelated to and outside of the benefactions of such corporation, society or association.

In addition, N.J.S.A. 2A:53-9 provides in pertinent part:

[T]he buildings and places actually used for ... historical societies, public libraries, ... charitable ... purposes, the moral and mental improvement of men, women and children, ... however named or designated, operated and maintained for equivalent uses, when so operated and maintained by any such nonprofit corporation, society or association, shall be deemed to be operated and maintained for a religious, charitable, educational or hospital purpose.

Thus, for a suit to be barred by the Act, a defendant must be a “nonprofit corporation, society or association organized exclusively for religious, charitable, educational or hospital purposes,” and the plaintiff must be “a beneficiary” of its “works.” See Parker v. St. Stephen’s Urban Dev. Corp., 243 N.J.Super. 317, 324, 579 A.2d 360 (App.Div.1990). Since it is undisputed that plaintiff was “a beneficiary” of the Academy’s operation of the Aquarium, see Pomeroy v. Little League Baseball of Collingswood, 142 N.J.Super. 471, 475, 362 A.2d 39 (App.Div.1976), the only issue we need to address is whether the Academy was “organized exclusively for charitable [or] educational purposes.”

In conformity with the legislative directive that the Charitable Immunity Act be “liberally construed,” N.J.S.A. 2A:53A-10, our courts have broadly construed “nonprofit corporation ... orga[54]*54nized exclusively for charitable [or] educational purposes” to afford immunity to a wide range of nonprofit organizations that provide educational opportunities or other services which promote the public welfare. Thus, charitable immunity has been extended to a Y.M.C.A., Hauser v. Young Men’s Christian Ass’n of Rahway, 91 N.J.Super. 172, 219 A.2d 532 (Law Div.1966), the Boy Scouts, Stoolman v. Camden County Council Boy Scouts of Am., 77 N.J.Super. 129, 185 A.2d 436 (Law Div.1962), Little League baseball, Pomeroy v. Little League Baseball of Collingswood, supra, a non-profit organization which maintains a small public park, Heffelfinger v. Town of Morristown, 209 N.J.Super. 380, 507 A.2d 761 (Law Div.1985), and an “historical society” which displays historical exhibits, Peacock v. Burlington County Historical Soc’y, 95 N.J.Super. 205, 230 A.2d 513 (App.Div.), certif. denied, 50 N.J. 290, 234 A.2d 399 (1967). We also have specifically recognized that a non-profit corporation may be organized for “exclusively educational purposes” even though it provides an educational experience which is “recreational” in nature. Pomeroy v. Little League Baseball of Collingswood, supra, 142 N.J.Super. at 474, 362 A.2d 39.

Applying this broad view of the Act, we are satisfied that the Academy was organized exclusively for charitable and educational purposes and that it operates the Aquarium in furtherance of those beneficent purposes. An aquarium is designed primarily to educate its visitors through displays, exhibits, lectures and shows about aquatic life. It is similar in this respect to a zoo or museum. The fact that entertainment or recreation is part of the overall educational experience does not preclude the Academy from claiming charitable immunity. Cf. Pomeroy v. Little League Baseball of Collingswood, supra. Moreover, it is undisputed that the Academy derives a significant portion of its revenues from charitable contributions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cassandra Gigi Smith v. Newark Community Health Centers, Inc.
New Jersey Superior Court App Division, 2024
F.K. VS. INTEGRITY HOUSE, INC. (L-2239-16, ESSEX COUNTY AND STATEWIDE)
213 A.3d 937 (New Jersey Superior Court App Division, 2019)
Orzech v. FAIRLEIGH DICKINSON
985 A.2d 189 (New Jersey Superior Court App Division, 2009)
Roberts v. TBAA
852 A.2d 271 (New Jersey Superior Court App Division, 2004)
Auerbach v. Jersey Wahoos Swim Club
846 A.2d 646 (New Jersey Superior Court App Division, 2004)
Nazzaro v. United States
304 F. Supp. 2d 605 (D. New Jersey, 2004)
Ryan v. Holy Trinity Evangelical Lutheran Church
815 A.2d 419 (Supreme Court of New Jersey, 2003)
Southern Jersey Family Medical Centers, Inc. v. City of Pleasantville
798 A.2d 120 (New Jersey Superior Court App Division, 2002)
O'CONNELL v. State
795 A.2d 857 (Supreme Court of New Jersey, 2002)
Lax v. Princeton University
779 A.2d 449 (New Jersey Superior Court App Division, 2001)
Bieker v. Community House of Moorestown
777 A.2d 37 (Supreme Court of New Jersey, 2001)
Bieker v. Community House of Moorestown
743 A.2d 893 (New Jersey Superior Court App Division, 2000)
Hamel v. State
728 A.2d 264 (New Jersey Superior Court App Division, 1999)
Bloom v. Seton Hall University
704 A.2d 1334 (New Jersey Superior Court App Division, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
694 A.2d 600, 302 N.J. Super. 50, 1997 N.J. Super. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-new-jersey-academy-of-aquatic-sciences-njsuperctappdiv-1997.