Minto v. Sprague

124 P.3d 881, 2005 Colo. App. LEXIS 926, 2005 WL 1404917
CourtColorado Court of Appeals
DecidedJune 16, 2005
DocketNo. 03CA2522
StatusPublished
Cited by8 cases

This text of 124 P.3d 881 (Minto v. Sprague) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minto v. Sprague, 124 P.3d 881, 2005 Colo. App. LEXIS 926, 2005 WL 1404917 (Colo. Ct. App. 2005).

Opinion

CARPARELLI, J.

In this negligence action, plaintiffs, Keith D. Minto and Georgina L. Minto, appeal from the.judgment entered upon a jury verdict in favor of defendant, Neil Sprague. We affirm.

Plaintiffs allege that their land was damaged by a fire that started on defendant’s adjoining parcel. Defendant testified that while he was operating a bulldozer on his land, the machine scraped a rock and caused a fire. The fire quickly spread, burning an area of approximately 1,200 to 1,500 acres, including plaintiffs’ land. Plaintiffs sued defendant for negligence.

Plaintiffs tendered jury instructions, including one regarding strict liability patterned on § 13-21-105, C.R.S.2004, and one regarding res ipsa loquitur. The trial court rejected both instructions. Plaintiffs appeal based on these rulings.

I. Strict Liability

Plaintiffs contend the trial court erred when it declined to instruct the jury on the doctrine of strict Lability under § 13-21-105. We are not persuaded.

Section 13-21-105(1) states: “[I]f any person sets fire to any woods or prairie so as to [884]*884damage any other person, such person shall make satisfaction for the damage to the party injured, to be recovered in an action before any court of competent jurisdiction.”

A. Standard of Review

The interpretation of a statute is a question of law subject to de novo review. Hendricks v. People, 10 P.3d 1231 (Colo.2000).

We interpret statutes in a manner that gives effect to the General Assembly’s intent. To do this, we begin with the language of the statute, giving words their plain and ordinary meaning. Carlson v. Ferris, 85 P.3d 504 (Colo.2003).

When the plain language of a statute is free from ambiguity, other rules of statutory construction are unnecessary. Kinder v. Indus. Claim Appeals Office, 976 P.2d 295 (Colo.App.1998); Spanish Peaks Mental Health Ctr. v. Huffaker, 928 P.2d 741 (Colo.App.1996). The court should only resort to extraneous evidence for clarification when an uncertainty exists. McNichols v. City & County of Denver, 120 Colo. 380, 209 P.2d 910 (1949).

B. “Sets Fire To”

Plaintiffs contend that, as used in § 13-21-105(1), “sets fire to” are words of strict liability. We conclude that “sets fire to” may be words of strict liability, but they refer to setting fire as an act whose purpose is to start a fire, not to an act whose purpose is otherwise.

1. Common Usage

Article 21 of Title 13 contains no definition of “sets fire to.” In its most common usage, the word “sets” connotes a purposeful effort to bring about a desired condition. See Webster’s Third New Int’l Dictionary 2077 (1986). And § 13-21-105 contains no language indicating that the General Assembly intended to impose liability on those who do not seek to start a fire. For example, it does not contain phrases such as “causes a fire,” “intentionally or otherwise,” or “negligently or otherwise.” Cf., e.g., §§ 18-13-109, 40-30-103, C.R.S.2004.

2. Ultrahazardous Activities and Defendant’s Activity

Strict liability is most commonly applied in matters of product liability, ultrahaz-ardous activities, and trespass that, by their nature, may cause harm to others regardless of the exercise of due care. Because the statute here bears no relationship to product liability and there is no allegation that the fire began when defendant was trespassing on plaintiffs’ land, we consider plaintiffs’ proposed interpretation in the context of the law of ultrahazardous activities.

Restatement (Second) of Torts § 519 (1977) describes the liability for such activities as follows:

(1) One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the harm.
(2) This strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous.

When determining whether an activity is ultrahazardous, courts consider whether: (1) the activity poses a high degree of risk of harm to a person, land, or chattels; (2) it is likely that the resulting harm will be great; (3) the risk cannot be eliminated by exercising reasonable care; (4) the activity is not a matter of common usage; (5) the activity is inappropriate where it occurred; and (6) the activity’s value to the community is outweighed by the danger. King v. United States, 53 F.Supp.2d 1056 (D.Colo.1999), rev’d on other grounds, 301 F.3d 1270 (10th Cir.2002); see Imperial Distrib. Servs., Inc. v. Forrest, 741 P.2d 1251 (Colo.1987)(eourts may instruct that defendant owed duty of highest standard of care only when defendant engaged in an activity that poses a high risk of injury to others); W. Stock Ctr., Inc. v. Sevit, Inc., 195 Colo. 372, 379, 578 P.2d 1045, 1050 (Colo.1978)(“blasting with dynamite and impounding water have been held to be ultrahazardous activities”).

[885]*885These considerations all focus on the “activity” being conducted. It is plausible that the General Assembly intended that the statute treat the activity of setting fire to woods or prairie as an ultrahazardous activity. Indeed, setting fire to woods or prairie can pose a high degree of risk and can cause great harm, and a great deal of care may be required to eliminate the risk.

Here, there is no evidence that defendant’s use of the bulldozer posed a high degree of risk of fire or that defendant was engaged in the act of setting fire or working with fire. Nonetheless, plaintiffs argue that the plain meaning of “sets fire to” reflects the General Assembly’s intention to create strict liability even when an activity poses no foreseeable risk of fire but results in a fire in woods or on a prairie. We conclude that plaintiffs’ argument is contrary to the general principles of strict liability.

3. Section 13-21-105(2)

Plaintiffs also contend that § 13-21-105(2)(a), C.R.S.2004, which became law in 2002, shows “the current political climate to impose strict liability upon fire starters.” We conclude that evidence tending to show the current political climate is not probative of the General Assembly’s intent when it drafted subsection (1).

In 2002, the General Assembly amended § 13-21-105. The amendment designated the pre-existing language as subsection (1), but made no changes in that language, which has remained the same since 1973.

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Cite This Page — Counsel Stack

Bluebook (online)
124 P.3d 881, 2005 Colo. App. LEXIS 926, 2005 WL 1404917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minto-v-sprague-coloctapp-2005.