Edwin L. Mayer, Plaintiff-Respondent v. Fairlawn Jewish Center and Randall Construction Co., Inc…

Summary

The New Jersey Supreme Court held that the charitable immunity statute did not shield the Fairlawn Jewish Center from liability, that contributory negligence was a factual issue for the jury, and that the Center owed a nondelegable duty to protect invitees during construction. The Court reversed the trial court’s summary‑judgment dismissal of the contractor’s cross‑claim, finding the contract’s protection clause created a breach‑of‑contract claim requiring a trial.