William Stephen Collopy, Plaintiff-Appellant v. Newark Eye and Ear Infirmary, a New Jersey Corporation…

Summary

The Supreme Court of New Jersey reversed the trial court's summary judgment granting charitable immunity to Newark Eye and Ear Infirmary and remanded for a new trial, holding that the historic eleemosynary immunity doctrine is outdated and should be abandoned. The majority opinion, authored by Jacobs, J., was contested by two dissenting opinions that argued the change exceeds judicial authority and should be left to the Legislature.