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Tuesday, August 08, 2006

NJ high court allows some sex abuse claims against non-profits
James M Yoch Jr at 7:12 PM ET

[JURIST] The Supreme Court of New Jersey [official website] on Tuesday ruled [opinion and syllabus text, PDF] 5-1 that the state's Charitable Immunity Act [text], which protects non-profit organizations from ordinary negligence claims, permits plaintiffs to sue non-profits on sex abuse claims stemming from willful, wanton or grossly negligent conduct. The underlying case, Hardwicke v. American Boychoir School, involved an adult male suing his former school based on allegations of sexual abuse by several employees while he was a student there. The ruling allows Hardwicke's suit to proceed, but the Supreme Court remanded the case to the trial court to determine whether the school is liable.

The ruling affirms a decision of the New Jersey Superior Court handed down in March. AP has more. The Asbury Park Press has local coverage.






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