Tonelli v. Board of Education

On this appeal, we are called upon to determine whether, in addition to the immunities provided in the Tort Claims Act, N.J.S.A 59:1-1 to 12-3, a governmental entity—in this case a public school board—enjoys the benefits of the Charitable Immunity Act. N.J.S.A 2A:53A-7 to -11. The trial judge answered that question in the affirmative and the Appellate Division reversed. We agree with the appellate panel and reaffirm our holding in Winters v. Jersey City, 63 N.J. 7, 8, 304 A.2d 196 (1973), that charitable immunity has no applicability to a governmental entity funded exclusively by the public…