Stanley v. Adams County School District 27J

942 P.2d 1322, 1997 Colo. App. LEXIS 19, 1997 WL 22909
CourtColorado Court of Appeals
DecidedJanuary 23, 1997
Docket95CA2130
StatusPublished
Cited by4 cases

This text of 942 P.2d 1322 (Stanley v. Adams County School District 27J) 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
Stanley v. Adams County School District 27J, 942 P.2d 1322, 1997 Colo. App. LEXIS 19, 1997 WL 22909 (Colo. Ct. App. 1997).

Opinion

Opinion by

Judge JONES.

In this negligence action, defendant, Adams County School District 27J (District), brings this interlocutory appeal, pursuant to § 24-10-108, C.R.S. (1996 Cum.Supp.), from the trial court’s order denying its motion to dismiss the complaint of plaintiffs, Lori Son-der Stanley, f/k/a Lori Sonder, and American Manufacturers Mutual Insurance Company, on the basis that it was barred by governmental immunity. We reverse and remand with directions to dismiss plaintiffs’ claims against the District.

On August 31, 1992, Stanley was injured when, after delivering pizzas to the cafeteria at Brighton High School, she slipped and fell on a driveway that serviced the school cafeteria and provided parking for service vehicles. Subsequently, she, together with her workers’ compensation carrier, brought this action seeking damages against the District, alleging that it had been negligent in faffing to remove gravel, water, and mud from the driveway.

The District filed a motion to dismiss asserting that the trial court lacked subject matter jurisdiction under the Colorado Governmental Immunity Act (GIA), § 24-10-101, et seq., C.R.S. (1988 RepLVol. 10A). The District argued that plaintiffs’ claims did not fall within any of the statutory exceptions for which immunity had been waived under the GIA.

Following an evidentiary hearing, the trial court issued oral findings from the bench. The court found that the combination of dirt, sand, and water on the driveway created a slippery and muddy surface resulting in an unreasonably dangerous condition. While the court concluded that this condition was not a dangerous condition of a public highway, road, or street under § 24-10-106(l)(d)(I), C.R.S. (1996 Cum. Supp), it determined that such was a dangerous condition of a public building for purposes of § 24-10-106(l)(e), C.R.S. (1988 Repl.Vol. 10A). Accordingly, it ruled that plaintiffs’ action was not barred by the GIA and, subsequently, entered a written order incorporating its oral findings.

I.

Defendant first contends that the trial court erred in determining that a dangerous condition on the driveway constituted a dangerous condition of a public building for purposes of § 24-10-106(l)(c). We agree.

The GIA provides that a public entity is immune from liability for all claims that lie or could he in tort except as expressly provided therein. See §§ 24-10-105 and 24-10-106(1), C.R.S. (1988 RepLVol. 10A). Under § 24-10 — 106(l)(c), a public entity’s immunity is waived for injuries resulting from a dangerous condition of a public building.

In construing § 24-10-106(l)(c), the supreme court in Jenks v. Sullivan, 826 P.2d 825, 827 (Colo.1992), stated that the term “dangerous condition” refers to “the state of the building itself or the use of a state of the building....” The court went on to note that an “[ijnjury stemming from the use of a dangerous or defective physical condition of the building itself might include injury resulting from, for example, using a faulty elevator or faffing down defective stairs.” Jenks v. Sullivan, supra, 826 P.2d at 827.

The driveway upon which Stanley fell was approximately 8 to 9 feet in width and extended from a loading area outside of the cafeteria down to a sidewalk that paralleled an adjoining road. Stanley fell at a point on the driveway just prior to the sidewalk.

As the trial court found, Stanley’s injuries resulted from a dangerous condition that was present on the driveway. This condition arose from circumstances on the grounds surrounding the building rather *1324 than from the building itself. To the extent the driveway was physically connected to the building, we conclude that this connection is insufficient to make the driveway part of a public building for purposes of § 24-10-106(l)(c).

Our conclusion is supported by the General Assembly’s 1992 enactment of § 24-10-106(l)(d)(III), C.R.S. (1996 Cum.Supp.), which establishes a waiver of immunity for a dangerous condition caused by an accumulation of snow and ice on walks leading to a public building open for public business. Such an amendment would have been unnecessary if the General Assembly had intended for § 24 — 10—106(l)(c) to include dangerous conditions on public walkways. See Pack v. Arkansas Valley Correctional Facility, 894 P.2d 34 (Colo.App.1995)(sovereign immunity retained for claims respecting injuries resulting from dangerous conditions in public parking facilities).

We further conclude that immunity has not been waived here under § 24-10-106(l)(c) for a dangerous condition of a public building, because the sand, gravel, and water, while constituting a dangerous condition as determined by the trial court, was not a physical or structural defect of the building because it did not originate from the building itself. See Jenks v. Sullivan, supra, 826 P.2d at 830 (“[t]he dangerous condition must stem from a physical or structural defect in the building.”).

Therefore, we conclude that the trial court erred in its conclusion that there was a waiver of immunity under § 24-10-106(l)(c) based on the presence of a dangerous condition on the driveway. In light of this determination, we need not address the District’s other contentions of error.

II.

Plaintiff argues in support of the judgment that the trial court erred in not finding that there was a waiver of immunity under § 24-10 — 106(l)(d)(I) for a dangerous condition of a public highway, road, or street. We disagree.

Section 24 — 10—106(l)(d)(I) waives immunity for:

A dangerous condition of a public highway, road, or street which physically interferes with the movement of traffic on the paved portion, if paved, or on the portion customarily used for travel by motor vehicles, if unpaved, of any public highway, road, street, or sidewalk within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any highway which is a part of the federal secondary highway system, or of any highway which is a part of the state highway system on that portion of such highway, road, street, or sidewalk which was designed and intended for public travel or parking thereon.

In construing this language, the supreme court has found that it waives immunity for only four categories of public roads. See Bloomer v. Board of County Commissioners, 799 P.2d 942 (Colo.1990); Click v. Board of County Commissioners, 923 P.2d 347 (Colo.App.1996). These categories are not further defined in the GIA and, because of their technical nature, no “ordinary meaning” may be ascribed to them.

The General Assembly, however, has enacted various statutory provisions with regard to public highways, roads, and streets. See

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Bluebook (online)
942 P.2d 1322, 1997 Colo. App. LEXIS 19, 1997 WL 22909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-v-adams-county-school-district-27j-coloctapp-1997.