N.J. nonprofits’ shield ruling

September 4, 2006

A New Jersey law protecting nonprofit organizations from negligence lawsuits does not apply to all sex abuse cases, the state Supreme Court ruled.

The ruling allowed John W. Hardwicke Jr. to continue his lawsuit against the American Boychoir School in Princeton in which he alleges that he was repeatedly molested by the school’s music director and three other employees from 1969-1971.

In its 5-1 ruling, the court reasoned that the state’s Charitable Immunity Act protects charities from negligence claims only, not from claims that are based on “willful, wanton or grossly negligent conduct.” The Supreme Court decision allows the case to go to trial.

In January, then-Gov. Richard J. Codey signed into law a bill making New Jersey the 48th state to allow victims of childhood sex abuse to sue churches, schools and other nonprofits for the actions of their staff.