Carlson v. Ferris

85 P.3d 504, 2003 Colo. LEXIS 943, 2003 WL 22831923
CourtSupreme Court of Colorado
DecidedDecember 1, 2003
DocketNo. 02SC395
StatusPublished
Cited by50 cases

This text of 85 P.3d 504 (Carlson v. Ferris) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carlson v. Ferris, 85 P.3d 504, 2003 Colo. LEXIS 943, 2003 WL 22831923 (Colo. 2003).

Opinions

Justice MARTINEZ

delivered the Opinion of the Court.

In this case, we determine whether the language of section 42-4-237(2), 11 C.R.S. (2003), requires that a driver of an automobile wear both a lap and a shoulder belt. We hold that section 42-4-237(2) requires that drivers and front seat passengers of automobiles that have been equipped with a lap and a shoulder belt pursuant to federal motor vehicle safety standards must wear both the lap and the shoulder belt in order to comply with the statute.

I.

FACTS AND PROCEEDINGS BELOW

Leslyn Carlson filed suit against Kimberly Ferris after the two were involved in an automobile accident. Carlson alleged that Ferris caused the accident when she failed to yield the right of way at a stop sign. At the time of the accident, the driver’s seat of Carlson’s vehicle was equipped both with an automatic shoulder belt and a separate lap belt that had to be manually fastened. Prior to trial, Carlson stipulated that she was wearing the automatic shoulder belt, but not the separate manual lap belt, at the time of the accident.

In her defense, Ferris sought to show that Carlson was in violation of section 42-4-237(2) because she was wearing only one of the two available safety belts. Subsection two requires that drivers and front seat passengers in a motor vehicle equipped with a safety belt system wear a “fastened safety belt” while the vehicle is being operated on a street or highway. The subsection reads:

Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the [506]*506motor vehicle is being operated on a street or highway in this state.

§ 42-4-237(2).

Because Carlson was not wearing her manual lap belt at the time of the accident, Ferris asked the trial court to instruct the jury that Carlson’s failure to wear the lap belt mitigates damages. Specifically, Ferris requested Civil Jury Instruction 5:2A, failure to mitigate by nonuse of a safety belt.1 Ferris argued that the language of subsection seven of 4244237 entitled her to such an instruction. Section 42-4-237(7) states, in relevant part:

Evidence of failure to comply with the requirement of subsection (2) of this section shall be admissible to mitigate damages with respect to any person who was involved in a motor vehicle accident and who seeks in any subsequent litigation to recover damages for injuries resulting from the accident.

The trial court ruled that because Carlson was wearing at least one of the available safety belts, she was in compliance with the statute. Thus, the trial court refused to give the requested instruction 5:2A on nonuse of a safety belt.2 Additionally, the trial court precluded Ferris from making any reference to Carlson’s failure to wear her lap belt as evidence of a statutory violation.

On appeal, Ferris contended the trial court erred when it refused jury instruction 5:2A and precluded Ferris from arguing that Carlson’s failure to wear her lap belt constituted a statutory violation. The court of appeals agreed with Ferris and held that the plain meaning of section 42-4-237(2) “requires drivers to fasten all safety belts included in a vehicle’s safety belt system in order to defeat a claim of failure to mitigate under § 42-4-237(7).” Carlson v. Ferris, 58 P.3d 1055, 1058 (Colo.App.2002): The court of appeals reasoned that the definition of “safety belt system” contained in section 42-4-237(l)(b) includes a combination of lap and shoulder belts, but does not specify the various usage options that may satisfy the requirement that one wear a “fastened safety belt.” The court of appeals insisted that this language reveals the General Assembly’s intent to require that a driver and every front seat passenger utilize the complete “system.” Therefore, the court of appeals reversed the trial court judgment and remanded the ease for a new trial.

We granted certiorari in this case to interpret the language of section 42-4-237(2). Section 42-4-237(2) reads:

Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor vehi[507]*507cle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this state, (emphasis added)

The question raised on review is whether the court of appeals erred in holding that section 42-4-237(2) requires that a driver of a vehicle that has been equipped with a lap and a shoulder belt pursuant to federal motor vehicle safety standards must wear both the lap and the shoulder belt.

II.

ANALYSIS

Although both parties agree that the language of section 42-4-237(2) is clear and unambiguous, each party differs as to what the General Assembly intended and what the statute requires. After reviewing each party’s arguments, we do not find either party’s interpretation to be correct.

A.

ARGUMENT OF THE PARTIES

Carlson’s plain meaning interpretation of section 42-4-237 hinges on the distinction she draws between the statutory definition of the term “safety belt system” and the words “fastened safety belt.” In section 42-4-237(l)(b), the General Assembly defined safety belt system as:

a system utilizing a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards.

The General Assembly next stated that drivers and front seat passengers of motor vehicles “equipped with a safety belt system shall wear a fastened safety belt.” § 42-4-237(2). Carlson asserts that because the language of section 42-4-237(2) differentiates between a “safety belt system” and “a fastened safety belt,” the legislature did not intend that individuals utilize an entire safety belt system. Rather, Carlson argues, a driver or front seat passenger of an automobile complies with the statute when wearing at least one of the belts in a safety belt system.

Ferris has come to a markedly different conclusion in regard to the plain meaning of section 42-4-237(2). Unlike Carlson, Ferris draws no distinction between the terms “safety belt system” and “fastened safety belt.” Instead, Ferris further argues the term “fastened safety belt” refers both to a fastened safety belt and to fastened safety belts. For this interpretation, Ferris relies upon section 2-4-102, 1 C.R.S. (2003), which provides that the “singular includes the plural, and the plural includes the singular.” Thus, Ferris reads the requirement of a “fastened safety belt” to mean “fastened safety belts.”

Ferris insists that this plain meaning interpretation is supported by an understanding that the purpose behind the statute is to conform to “federal motor vehicle safety standards.” § 42-4-237(l)(b). Ferris argues that because the state of Colorado does not conduct its own safety belt testing or implement regulations governing safety belts, Colorado is wholly reliant on the federal guidelines and standards related to safety belt use and manufacture.

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Cite This Page — Counsel Stack

Bluebook (online)
85 P.3d 504, 2003 Colo. LEXIS 943, 2003 WL 22831923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlson-v-ferris-colo-2003.