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<i>Decision of Note</i>: Charitable Immunity Statute Protects Private University from Concert Suit

By Michael Booth
February 01, 2018

A woman who fell and injured herself while attending a country music concert at Monmouth University cannot sue the school for damages, a New Jersey appeals court ruled in a divided decision that potentially sets the case up to be heard by the state Supreme Court.

Even though the non-profit university made money by hosting the concert by country music star Martina McBride, the school still is immune from lawsuit under the state's Charitable Immunity Act (CIA), and the show was a “cultural and educational” experience, a 2-1 Appellate Division majority decided. Green v. Monmouth University, A-1652-15T2.

The university wasn't the hiring concert promoter but sold tickets for the McBride concert at the box office for its Multipurpose Activity Center (MAC), where the show took place. The university also had a right to share in merchandise and a $3.00 per-ticket facility fee.

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