Benjamin v. Corcoran

In Benjamin v. Corcoran, 268 N.J. Super. 517, 634 A.2d 108 (App.Div.1993), the Court concluded that the New Jersey Firemen's Home board of managers constituted a public entity in a suit against the Home for injuries a child suffered when bitten by a dog while sledding on the premises. The Court said: The New Jersey Firemen's Home statute, N.J.S.A. 30:7-1 to -12, specifically designates the N.J.F.H.'s board of managers as an "agency within the State Department of Institutions." N.J.S.A. 30:7-1. The N.J.F.H. is not declared by the Legislature to be a "body politic" with an "essential governmental function." However, this statute is older than the contrasting statutes. The Legislature clearly expressed its intent that the N.J.F.H. be controlled, managed and governed by the board of managers as agents of the State. . . . The board of managers, by law, totally controls every aspect of the ownership and operation of the N.J.F.H. Therefore, even if the N.J.F.H. were found to be a distinct corporate body, as apparently is revealed through answers to interrogatories, the N.J.F.H. would still constitute a public entity, as there is no area left beyond the statutory powers of the board of managers for independent operation of the N.J.F.H.Id. at 524, 634 A.2d 108. The plaintiffs in Benjamin argued that since the Firemen's Home was "statutorily authorized to sue and be sued" it was not a public entity under the Act. The Court disagreed and, citing "the definition of "state" in N.J.S.A. 59:1-3," held that the Firemen's Home, as a not-for-profit corporation, is not precluded from designation as a public entity under the Act.