Schwankl v. Davis

85 P.3d 512, 2004 WL 323957
CourtSupreme Court of Colorado
DecidedFebruary 23, 2004
DocketNo. 02SC810
StatusPublished
Cited by4 cases

This text of 85 P.3d 512 (Schwankl v. Davis) 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
Schwankl v. Davis, 85 P.3d 512, 2004 WL 323957 (Colo. 2004).

Opinion

Chief Justice MULLARKEY

delivered the Opinion of the Court.

I. Introduction

In this case, we interpret a “Good Samaritan” statute, section 16-3-203 of the Colorado Revised Statutes, which awards court costs and attorney fees to anyone who has successfully defended against a lawsuit resulting from that person “having sought to prevent a crime being committed against any other person.” § 16-3-203, 6 C.R.S. (2003). We hold that this statute not only protects people who attempt to stop a crime already underway, but also encompasses people who seek to prevent future crimes. We further hold that to qualify for protection under this statute, a person must have believed in good faith that a crime was being or would be committed, and that if this requirement is met, the statute is effective even if no crime actually took place. Because Loretta Schwankl, the successful defendant in the defamation case below, acted in good faith to prevent what she believed to be an ongoing, repetitive crime, we reverse the court of appeals decision in Davis v. Schwankl, 70 P.3d 509 (Colo.App.2002).

[514]*514II. Facts and Procedural History

On August 9, 1999, at about 1:35 A.M., Loretta Schwankl and her husband were' awakened by a verbal disturbance — a man shouting and a woman moaning — emanating from the Davises’ house across the street. Schwankl did not call the authorities immediately. Over the course of the following day, however, Schwankl continued to be concerned about the incident, especially in light of the fact that Davis’s wife had once allegedly told Schwankl that Davis had been committing “unnatural acts” with the Davises’ daughter.1

Finally, after seeking advice from a battered women’s hotline, Schwankl decided to call the police so that the authorities could perform a welfare check on the Davis family. During the phone call to the police, Schwankl said: “I think there might be domestic violence, but also some sexual violence going on ... and I can’t just sit back and, and know that there are two children there.” In response, the Wheat Ridge Police Department and Department of Social Services performed welfare checks on the Davis family and determined that there was no abuse taking place.

Following the incident, Davis sued Schwankl for defamation and outrageous conduct, seeking more than $300,000 in damages.2 After a lengthy discovery process and a three-day trial, a jury ruled in favor of Schwankl, finding that she had not published statements about Davis, that her statements were substantially truthful, and that she had acted in good faith. The jury also found that Schwankl’s behavior was not willful, wanton, and malicious.

Schwankl’s trial court costs were $6,910.78, and her attorney fees totaled $76,960. The trial court awarded Schwankl court costs and attorney fees under section 16-3-203, which states:

Any person who is not a peace officer ... who is made a defendant in any civil action as a result of having sought to prevent a crime being committed against any other person, and who has judgment entered in his favor shall be entitled to all his court costs and to reasonable attorney fees incurred in such action.

Davis did not challenge the award of court costs, but appealed the shift of attorney fees, and the court of appeals held in his favor, saying that section 16-3-203 applies only when the successful litigant acted during the “exigent circumstance” of a “crime in progress” and only if the litigant proves that a crime actually occurred, i.e., that each element of the crime was committed. Davis v. Schwankl, 70 P.3d at 511. Thus, because Schwankl did not make her phone call to the police during the “exigent circumstance” of the “crime in progress” and because the police and social services found that no crime actually occurred, the court of appeals held that she was not eligible to receive attorney fees under section 16-3-203. Id. at 511-12.

We granted Schwankl’s petition for writ of certiorari to decide: (1) whether the benefits of the attorney fee provision in section 16 — 3— 203 are limited only to a successful defendant who can show that her actions to prevent a crime were taken during the “exigent circumstances” of a “crime in progress” and (2) whether the successful litigant must prove that each element of a crime was committed in order to collect the attorney fees.

III. Analysis

We hold that section 16-3-203 shifts payment of the defendant’s court costs and reasonable attorney fees to the plaintiff when the defendant prevails and the trial court finds that the defendant acted in good faith to prevent what she thought was a current or future crime. We base our holding upon the language of the statute, and note that legislative history, public policy, and surrounding statutes all support our interpretation.

Davis argues, and the court of appeals agreed, that the words “crime being committed” plainly mean that section 16-3-203 only applies to the “clear and exigent circumstance” of a crime “in progress.” Davis v. Schwankl, 70 P.3d at 511-12. This reasoning creates a two-part test that must be satisfied [515]*515to award attorney fees and costs to someone who sought to prevent a crime. The citizen who intervenes would be entitled to court costs and attorney fees only if the intervenor could prove that: (a) there was a crime, as defined by statute, taking place, and (b) that crime was in progress at the time of intervention. The bystander could not recover costs and fees if she was acting to prevent a future crime, no matter how imminent or probable that future crime might be. Nor could the bystander recover if any elements of the statute defining the crime were not fulfilled. To examine the court of appeals’ decision we first address the requirement that the crime be in progress at the point of intervention, and we then turn to the requirement that each element of a crime be satisfied.

1. Whether Section 16-3-203 Protects People Who Act to Prevent a Future Crime

We begin our analysis with the statute itself. Section 16-3-203 awards court costs and attorney fees to a person who “sought to prevent a crime” but later prevails in a resulting lawsuit. The common meaning of the word “prevent” is “to keep from occurring,” “to hinder or stop from doing something,” or to “forestall.” Webster’s Encyclopedic Unabridged Dictionary 1535 (deluxe ed.2001). According to these common definitions, the ordinary meaning of the words “to prevent a crime” is to keep a crime from occurring, to stop a crime, or to hinder a crime. Therefore, according to section 16-3-203, a person who seeks to prevent a future crime is eligible for court costs and attorney fees just as a person who intervenes during the commission of a crime in progress is eligible for these benefits.

Under Colorado law, the present tense of statutory language also includes the future tense. § 2-4-104, 1 C.R.S. (2003) (“Words in the present tense include the future tense.”). Thus, according to our codified method of statutory interpretation, “crime being committed” includes present as well as future crimes.

Even without this statutory rule, we read section 16-3-203 to encompass future crimes.

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Cite This Page — Counsel Stack

Bluebook (online)
85 P.3d 512, 2004 WL 323957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwankl-v-davis-colo-2004.