J.H. v. R&M Tagliereni, LLC, ___ N.J. ___ (2019). [There was the potential of a guest post regarding this case, but that did not pan out. That’s the reason for the delay in this post.] This was a tragic case, in which the Supreme Court split 5-2. Plaintiff, a nine-month old infant, was severely burned when he rolled from a bed into an uncovered radiator in his family’s apartment, which was leased from defendants. Plaintiff and his guardian ad litem sued for his injuries, claiming negligence by the landlord in failing to cover the radiator. The Law Division granted summary...

F.K. v. Integrity House, Inc., ___ N.J. Super. ___ (App. Div. 2019). This charitable immunity case centered on how much in charitable contributions (as opposed to, say, government support) defendant received. In order to satisfy the three-pronged test for charitable immunity, the second prong of which (the only one at issue on this appeal) requires that an entity be “organized exclusively for religious, charitable or educational purposes,” it was necessary for defendant, a drug treatment facility, to show a charitable purpose. To do that, the percentage of its funds that came...

G.A.-H. v. K.G.G., ___ N.J. ___ (2019). As noted here, the Supreme Court granted review in this case to address this issue: “Is an individual subject to tort liability for purportedly failing to alert a victim or alert authorities that a co-worker has engaged in the sexual abuse of a minor, under the circumstances presented?” The Appellate Division’s opinion, reported at 455 N.J. Super. 294 (App. Div. 2018), and discussed here, raised that provocative issue, but found the record insufficient to decide it. Today, the Supreme Court found that the facts were such that no...