Terry Kuchera v. Jersey Shore Family Health Center (073483)

111 A.3d 84, 221 N.J. 239, 2015 N.J. LEXIS 290
CourtSupreme Court of New Jersey
DecidedMarch 31, 2015
DocketA-60-13
StatusPublished
Cited by16 cases

This text of 111 A.3d 84 (Terry Kuchera v. Jersey Shore Family Health Center (073483)) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terry Kuchera v. Jersey Shore Family Health Center (073483), 111 A.3d 84, 221 N.J. 239, 2015 N.J. LEXIS 290 (N.J. 2015).

Opinion

Judge CUFF (temporarily assigned)

delivered the opinion of the Court.

This is a premises liability case. Plaintiff slipped and fell on a wet spot on a floor in an outpatient health care facility owned and operated by a nonprofit hospital.

The issue before this Court is whether the 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 for hospital purposes pursuant to N.J.S.A. 2A:53A-8.

The fall occurred while plaintiff Terry Kuchera was attending a free eye screening offered by the New Jersey Commission for the Blind and Visually Impaired (Commission) held at a family health care facility of a regional teaching hospital. Plaintiff filed a complaint seeking compensatory damages for injuries sustained in the fall. Summary judgment was granted in favor of the hospital pursuant to N.J.S.A 2A:53A-7, which grants immunity from negligence actions to nonprofit entities organized exclusively for charitable, educational, or religious purposes. The Appellate Division affirmed, rejecting plaintiffs argument that the health care entity *242 that owned and operated the clinic facility was “organized exclusively for hospital purposes,” and, therefore, is entitled to the protections of N.J.S.A. 2A:53A-8, which exposes such entities to actions for negligence but caps the amount of damages that may be awarded to a successful plaintiff. The panel held that the parent-hospital’s provision of charity care and medical education rendered the hospital a hybrid nonprofit institution organized exclusively for charitable and educational purposes. It concluded that the hospital was accordingly immune from liability for negligence pursuant to section 7 of the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (CIA or the Act), rather than subject to a cap on damages for negligence pursuant to section 8 of that statute.

Whether a nonprofit organization is entitled to charitable immunity or subject to the limitation on damages afforded to those institutions organized exclusively for hospital purposes turns on the purpose of the institution, not the use to which the facility is put on any given day. Here, the site of plaintiffs fall was part of a nonprofit health care corporation organized exclusively for hospital purposes. Defendants therefore are not entitled to absolute immunity for a lack of due care in the maintenance of their facility. Rather, they are entitled to the limitation of damages afforded to those nonprofit institutions organized exclusively for hospital purposes. We reverse the Appellate Division judgment that affirmed entry of summary judgment in favor of the hospital.

I.

On Saturday, March 7, 2009, plaintiff attended a free eye screening conducted by the Commission. The screening was conducted at the Jersey Shore Family Health Center (Family Health Center). The staff, who conducted and assisted the eye screening clinic, was composed of Commission representatives, as well as Family Health Center employees serving as volunteers.

After Kuchera arrived at the Family Health Center, she went to an office to register for the screening. As she left the office to *243 return to the waiting room, Kuchera fell on the tile floor. She reported that she slipped on an oily substance, and asserts that one of the nurses pointed to nearby paper towels and said, “oh, I was going to clean it up in a minute.” As a result of the fall, Kuchera alleges that she injured her left hip and knee, her shoulder, wrist, and neck, and suffered a torn ligament in her ankle, and herniated and bulging discs in her lower back.

The Family Health Center is a nonprofit charitable clinic in the Meridian Health hospitals system. It is located next to the Jersey Shore University Medical Center (Medical Center) in a separate building. According to a vice president of the Medical Center, the Family Health Center provides medical care for those “who are uninsured, underinsured, without a primary care physician and/or who lack access to regular medical care.”

The Medical Center is one of six hospitals that comprise the Meridian Health system. The Medical Center is a 600-bed hospital located in Neptune and associated with several satellite facilities, including the Family Health Center. The Medical Center provides a spectrum of specialized care including cardiac, oncology, behavioral health, and pediatrics, and conducts several residency programs. Meridian Health and its constituent hospitals were organized as a nonprofit organization within the meaning of Section 501(c)(3) of the Internal Revenue Code. According to Meridian Health’s 1998 certificate of incorporation, they were organized for the following purposes:

(a) To establish, maintain and operate one or more hospitals and other health care facilities for the treatment and care of the sick, injured and disabled without regard to race, sex, age, creed, national origin, ancestry, marital status, sexual orientation, family status or handicap.
(b) To promote and carry on, by itself or together with others, directly or through other entities in which it has an interest or in which it participates, such other hospital, health care, educational and research activities related to its said purpose as the Board of Trustees may determine to be in the best interests of the general public health in the communities which it serves.
(c) To render necessary health care and related services to all who require such care regardless of their ability to pay and to promote, improve and protect the health and welfare of the general public in the Communities served by [Meridian Health],
*244 (d) To carry out such other acts and to undertake such other activities as may be necessary, appropriate or desirable in furtherance of, or in connection with, or complementary to the conduct, promotion or attainment of the foregoing purposes.l

II.

Kuehera filed a complaint against the Family Health Center, the Medical Center, Meridian Health, and Modern Health Realty, the record owner of the property (collectively referred to as the Meridian Health defendants). 1 2 She alleged that she was injured when she slipped on the floor at the Family Health Center.

An initial motion for summary judgment was denied. On the day of trial, the Meridian Health defendants renewed their motion for summary judgment. The trial judge conducted an evidentiary hearing focusing on the status of the Medical Center. A Medical Center vice president testified that the event at the Family Health Center was a Commission-sponsored eye screening and that the people who worked at the event were Commission employees or volunteers. He described the Family Health Center as a community outreach clinic that provides free care to community members.

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Bluebook (online)
111 A.3d 84, 221 N.J. 239, 2015 N.J. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-kuchera-v-jersey-shore-family-health-center-073483-nj-2015.