O'CONNELL v. STATE


762 A.2d 696 (2000)

335 N.J. Super. 427

Brendan O'CONNELL, Plaintiff-Appellant, v. STATE of New Jersey, a body politic, and Montclair State University, a university of the State of New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 2000.


Attorney(s) appearing for the Case

James Koblin, Jersey City, argued the cause for appellant (Horn, Shechtman & Hirsch, attorneys; Ricky E. Bagolie, of counsel; Mr. Koblin, on the brief).

Karen L. Jordan, Deputy Attorney General, argued the cause for respondents (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Valerie L. Egar, Deputy Attorney General, on the brief).

Before Judges HAVEY, CUFF and LEFELT.


The opinion of the court was delivered by HAVEY, P.J.A.D.

The issue raised by this appeal is whether defendant Montclair State University (Montclair State) is entitled to immunity under the Charitable Immunity Act (Act), N.J.S.A. 2A:53A-7 to -11, despite its status as a public entity. We hold that the Act was never intended to cover public entities, when judgments against them are paid by public funds. In so holding, we respectfully disagree with our court...

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