Appellate Division Judge George Leone. Photo: Carmen Natale/ALM

A woman who fell and injured herself while attending a country music concert at Monmouth University cannot sue the school for damages, a New Jersey appeals court ruled on Monday in a divided decision that potentially sets the case up to be heard by the state Supreme Court.

Even though the nonprofit university made money by hosting the concert, by country music star Martina McBride, it still is immune from lawsuit under the state's Charitable Immunity Act, and the show was a “cultural and educational” experience, said a 2-1 Appellate Division majority.

“Indeed, providing concerts open to the public is one of the stated purposes of the university,” Appellate Division Judge George Leone wrote for the majority in Green v. Monmouth University. He was joined by Judge Mitchel Ostrer.