Supreme Court of New Jersey

John W. Hardwicke, Jr. and Terri S. Hardwicke, Plaintiffs-Respondents v. American Boychoir School…

August 8, 2006902 A.2d 900

Summary

The New Jersey Supreme Court affirmed the Appellate Division’s judgment, holding that the American Boychoir School is a "person" and stands in loco parentis within a "household" under the Child Sexual Abuse Act (CSAA), that the Charitable Immunity Act (CIA) shields only against negligence, and that the CSAA’s tolling provision may apply to common‑law claims; the case was remanded for further proceedings, including a Lopez hearing on the statute of limitations. Justice Rivera‑Soto concurred in part and dissented in part, agreeing with most conclusions but rejecting the majority’s view that CIA immunity is limited to negligence.