On appeal from Superior Court of New Jersey, Law Division, Ocean County.
Before Judges Havey, Landau and Collester *fn1.
The opinion of the court was delivered by: Landau, J.A.D.
This appeal raises the question whether Seton Hall University is entitled to statutory immunity in a negligence action instituted by one of its students who suffered a slip and fall in a pub operated on campus by the University solely for students and their guests. We hold that the statutory immunity of N.J.S.A. 2A:53A-7 applies, and therefore reverse.
Plaintiff Joseph Bloom, Jr. (Bloom) was a twenty-one year old senior at Seton Hall in 1994, when he and several friends went to the pub for some beers. He fell, apparently in a puddle left when a serving cart was moved.
The pub, operated on Thursday nights and alternate Saturdays, was neither separately incorporated nor distinct from the University. Although not operated for profit, the pub sold beer to students of proper age and their guests, and was subsidized by the Student Government Association. Its employees were students who were obligated to keep the pub clean and to manage the equipment under the aegis of the Student Government Association and, ultimately, the Student Activities Department of the University.
There was testimony that the University deemed the pub to be part of a student's socialization process and a factor in the development of a well-rounded person. Seton Hall's status was documented in the record as a nonprofit educational institution committed to maintaining its "essential character . . . as a Catholic institution of higher learning," for which the Archbishop of Newark serves as Chairman of its Board of Trustees and President of the Board of Regents.
The record also shows that some time after plaintiff's accident, a decision was made that the pub would serve only students, but no guests. Thereafter, pub losses mounted sufficiently to prompt closing of the operation. Instead, a campus coffeehouse now operates once a week.
Seton Hall moved before trial for a directed verdict of dismissal based upon Bloom's status as a student of an entity protected by N.J.S.A. 2A:53A-7. Denied without prejudice, the motion was renewed during trial following completion of the plaintiff's case, and again after the defendant rested. These motions were also denied. The jury rendered a verdict in favor of Bloom. Following denial of its motion for a new trial, judgment for Bloom was entered and Seton Hall appealed.
Although conceding that Seton Hall was a university established under Catholic auspices, and that Bloom was a student of the University, the trial Judge held that, "I don't believe the defendant proved that Seton Hall was entitled to the charitable immunity statute anyway. But even assuming . . . arguendo somebody would disagree with that, I believe the facts are such that they would not be entitled to the umbrella of the charitable immunity statute under these narrow sets of facts and circumstances as set forth in this case."
Respecting the latter ruling, the Judge determined that the injury did not occur while the organization was engaged in its "charitable" works because the pub "was nothing more, nothing less than a bar that was provided for students and for their guests," of which Bloom was a "paying customer," and that running a bar for students does not further the charitable works of the University.
As we understand the Judge's reasoning, he was satisfied that "some parts of what goes on in Seton Hall University would be entitled to the charitable immunity statute" but that other activities, notably operation of a pub for students, would not. In consequence, he "could not . . . find that the plaintiff would be a recipient of those works."
Initially we dispose of any cloud raised respecting Seton Hall's status as a nonprofit religiously affiliated educational institution, organized exclusively for religious, charitable or educational purposes, within the meaning of N.J.S.A. 2A:53A-7. *fn2 The trial Judge did take judicial notice of Seton Hall's status as an educational institution. His concern was whether the statute embraced the institution's relationship with a student in the campus student pub. To obviate any confusion arising from the several colloquies in the record, we hold that it cannot reasonably be disputed within this State that Seton Hall is a nonprofit institution organized exclusively for educational purposes. N.J.R.E. 201(b)(2). Moreover, our review of the record satisfies us that the undisputed evidence on this issue, were it an issue, was sufficient to so find as a matter of fact and law.
The issue properly before us is whether Seton Hall lost the statutory immunity afforded to such an institution because it operated a pub catering only to students of proper age and their guests, and whether Bloom ceased to be a "beneficiary, to whatever degree, of works" while ...