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DeVries v. Paterson Habitat for Humanity

3/11/1997

motivations are not the test, even when those motivations match a stated purpose in the organization's certificate of incorporation. Rather, the test should be whether the injured person was at the time bestowing benefactions on the charity or receiving them. The Appellate Division noted that DeVries conferred a significant benefit on Habitat and received intangible personal satisfaction in return. Nevertheless, the court concluded that DeVries is not a statutory beneficiary, despite the benevolent impulses that prompted the benefits he bestowed on Habitat. Accordingly, the Appellate Division held that Habitat is not entitled to immunity under the Statute.


HELD :


Judgment of the Appellate Division is affirmed substantially for the reasons expressed in Judge King's written opinion below. A volunteer worker who conferred a benefit on Habitat For Humanity and received no benefit in return except personal satisfaction is not a beneficiary under the Charitable Immunity Statue and, therefore, is entitled to bring a personal injury action against the organization.


CHIEF JUSTICE PORITZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI, STEIN and COLEMAN join in this PER CURIAM opinion.


PER CURIAM


The judgment is affirmed, substantially for the reasons expressed in Judge King's opinion of the Appellate Division, reported at 290 N.J. Super. 479, 676 A.2d 152(1996).


CHIEF JUSTICE PORITZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI, STEIN and COLEMAN join in this opinion.




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