Walter v. YMCA, Essex County, New Jersey, Law Division, 36-3-8082

Charitable Immunity Act does not apply to YMCA.

This was the YMCA’s second attempt for summary judgment. The first was based on waiver. This time, the YMCA argued that is was a charitable organization within the Charitable Immunity Act. The court found that, while it was formed for a nonprofit purpose, its primary purpose was not educational or religious. The court’s analysis then turned to whether its dominant purpose was charity. The court found that the YMCA had evolved into an organization that promoted fitness and healthy living. Because the core character had become a fitness center for those who could afford to join, the court found the YMCA was not entitled to the defenses under the Act.

 

Case Law Alerts, 2nd Quarter, April 1, 2016

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.