In a case that has already stirred up debate over whether a Christmas country music show was a “cultural” or “educational” event, the New Jersey Supreme Court has agreed to decide whether a woman who fell and injured herself at a Monmouth University concert can sue the school for damages.

In an order dated April 17, the court in Green v. Monmouth University granted certification to review an Appellate Division ruling in which the majority said the university, based on charitable immunity, could not be held liable for damages.

The divided nature of the Appellate Division's ruling made the matter appealable as of right to the high court.

The plaintiff's counsel, Stewart Leviss of Roseland's Berkowitz, Lichtstein, Kuritsky, Giasullo & Gross, and John Kaelin III of the Mount Laurel office of Haddix & Associates, for Monmouth University, didn't return calls for comment.

The Appellate Division majority, in its decision from last January affirming the court below, said that even though the university made money by hosting the concert, by country music star Martina McBride, it still was immune under the state's Charitable Immunity Act, and the show was a “cultural and educational” experience.

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

The majority said the Legislature, in enacting the CIA, meant for it to be read liberally to offer immunity in as many cases as possible. “Although not a classical musician, McBride is an American country music performer,” Leone said. “Whether classical, country or Christmas, music is an art, and McBride is a musical artist.”

Appellate Division Judge Clarkson Fisher Jr. dissented, saying a for-profit concert did not serve the university's charitable purpose. “I see no educational purpose of endeavor here,” he said. “The university saw a way to generate income when its [Multipurpose Activity Center] was unused.”