Court: Fla. Grandmother Can’t Sue Battleship NJ
Court Alerts
A Florida grandmother injured in a fall aboard the Battleship New Jersey cannot sue its operators for damages, an appellate court has ruled.
The panel said the Home Port Alliance – which runs the ship as a museum and memorial on the Camden waterfront – has charitable immunity as a nonprofit educational facility. That protects charities from lawsuits when the injured person benefits “to whatever degree” from the nonprofit’s activities.
Patricia Zavilla broke her right knee when she fell on some stairs while touring the ship with her husband and young grandson in April 2008.
Zavilla claimed she was there only as a tourist and wasn’t part of the community that benefits from the group’s charitable work since she lives out of state.
The court, however, found Zavilla was giving a self-guided tour that “advanced (the Alliance’s) goal” of educating the public about the battleship’s history.
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IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
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