SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Hardwicke v. American Boychoir School (A-17-04)

Argued November 29, 2004 -- Decided August 8, 2006

PORITZ, C.J., writing for a majority of the Court.

In this appeal, the Supreme Court must determine whether a non-natural person, such as an institutional entity, may be a “person” standing “in loco parentis” within the “household” that is subject to liability under the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1; whether the Charitable Immunity Act (CIA), N.J.S.A. 2A:53-7 to -11, bars only those claims that are based on simple negligence and not claims based on intentional, reckless or grossly negligent conduct; whether the discovery rule provisions of the CSAA are applicable to common-law claims; and whether an employer can be held vicariously liable for the acts of its employees for child abuse claims brought under the common law.

Because the issues were decided below on summary judgment, the Court must view the facts inferred from the record in the light most favorable to the non-moving party, here the plaintiff, John Hardwicke. Viewed in that light, the relevant facts are as follows. The American Boychoir School (the School) provides a specialized musical education and standard academic curriculum for boys in grades five through eight. Full-time boarding students resided at the School seven days a week and were supervised by faculty and staff. In 1970, Donald Hanson was hired as Music Director, one of the School’s principal administrators. He controlled the musical program, served as the Concert Choir conductor, and ran the admissions office. He resided at the School at night and on weekends. From the boys’ perspective, Hanson was the person in control.