Phones are Ringin’ All Over Town
January 11, 2018
BY: Domhnall O'Cathain
A New Jersey Judge, disagreeing with two other Judges, has written that it should be for a jury to decide if Martina McBride is really “an artist”.
Judge Clarkson S. Fisher wrote that, “It seems obvious that not everyone who dons a cowboy hat and boots and elicits a sound from a guitar is an artist.”
Striking a different note, Judges Mitchel E. Ostrer and George S. Leone wrote that, “Music is an art, and McBride is a musical artist.”
Not willing to follow their lead, Judge Fisher posed the ancient question: what is art? Even Shakespeare was called an inartistic writer by some.
In the end, Judges and Ostrer and Leone outplayed Judge Fisher because it only takes two to tango on the appellate court.
A Unique New Jersey Slip and Fall Accident
The case (Green v. Monmouth University) involved a lady who was injured who fell on unsafe stairs while at Monmouth University to watch Martina McBride in concert.
Monmouth University argued that, as an educational institute, it should not be sued because it is protected by the New Jersey Charitable Immunity Act.
Green’s lawyers argued that McBride singing at concert, while the University is making money from it, is not an educational purpose. In other words, they were making money from the rental fee and a cut of proceeds, not educating people.
The majority of the Court ruled that Monmouth University, an educational institute, can invite musicians to perform, be it a classical orchestra or a country singer, and that can fit the University’s stated purpose of “promoting education and general cultural education.”
However, because there is a dissent, the case can automatically go to the Supremes in Trenton if the victim decides to appeal, where we will see who gets the ring and who gets the finger.