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SCHULTZ v. ROMAN CATHOLIC ARCHDIOCESE OF NEWARK

95 N.J. 530 (1984)

472 A.2d 531

RICHARD E. SCHULTZ, AS ADMINISTRATOR OF THE ESTATE OF CHRISTOPHER SCHULTZ, RICHARD E. SCHULTZ, AS THE FATHER AND NATURAL GUARDIAN OF RICHARD SCHULTZ, RICHARD E. SCHULTZ, INDIVIDUALLY, AND MARGARET SCHULTZ, PLAINTIFFS-APPELLANTS, v. THE ROMAN CATHOLIC ARCHDIOCESE OF NEWARK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 19, 1984.

Attorney(s) appearing for the Case

David Jaroslawicz, a member of the New York bar, argued the cause for appellants (Hartstein & Hartstein, attorneys; David Hartstein, on the brief).

Thomas J. Herten argued the cause for respondent (Breslin, Herten & Le Pore, attorneys; Louis L. D'Arminio, on the brief).

Edward J. Leadem submitted a brief on behalf of amicus curiae, New Jersey Catholic Conference.

The opinion of the Court was delivered by O'HERN, J.

We granted certification, 93 N.J. 246 (1983), limited to the issue of whether the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, bars a claim by a beneficiary of a charitable institution based on the charity's alleged negligence in hiring.

Although the defendant charity asserts that it took no part in the hiring of the individual whose actions allegedly caused the...

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