A state appeals court on Tuesday reinstated a wrongful-death case against a nursing home, finding a facility’s benevolent acts by themselves do not confer charitable immunity.
Determining if an entity is shielded “requires a fact-sensitive inquiry,” focusing on an organization’s funding, charter, daily operations, relationships to other entities and the extent to which it lessens a burden on the government, the Appellate Division said in Hanley v. Collingswood Manor, A-5430-10.
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