ORZECH v. FAIRLEIGH DICKINSON

No. A-5919-07T1

985 A.2d 189 (2009)

411 N.J. Super. 198

Andrea ORZECH, Individually and as Administratrix of the Estate of Keith Orzech, Michael Orzech and Paul Orzech, Plaintiffs-Respondents, v. FAIRLEIGH DICKINSON UNIVERSITY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 2009.


Attorney(s) appearing for the Case

William E. Staehle argued the cause for appellant (Law Offices of William E. Staehle, attorneys; Mr. Staehle, on the brief).

Barry D. Epstein argued the cause for respondents (The Epstein Law Firm, P.A., attorneys; Mr. Epstein, on the brief).

Before Judges LISA, BAXTER and ALVAREZ.


The opinion of the court was delivered by

LISA, P.J.A.D.

This is a charitable immunity case. At issue is whether Keith Orzech, a twenty-one year old student and resident advisor (RA) at Fairleigh Dickinson University (FDU), who accidentally fell to his death from his fourth floor dormitory window, was a beneficiary of the school's charitable works at the time of the accident. Because Orzech's fall was alcohol-related and came in the aftermath of Orzech's violations...

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