Harriet F. Dalton, Plaintiff-Appellant v. St. Luke’s Catholic Church, &c.s., Defendants-Respondents

Summary

The Supreme Court of New Jersey reversed the Law Division's summary judgment granting the defendants' charitable immunity and ordered a new trial, holding that a church is not immune from tort liability for negligence in the maintenance of its premises. The Court applied the reasoning of Collopy v. Newark Eye and Ear Infirmary and rejected the notion that the overruling of the immunity should be prospective, finding it retrospective. Two justices dissented, arguing for affirmation of the summary judgment.