State v. Hartsough

790 P.2d 836, 14 Brief Times Rptr. 581, 1990 Colo. LEXIS 313, 1990 WL 52786
CourtSupreme Court of Colorado
DecidedApril 30, 1990
Docket88SC505
StatusPublished
Cited by49 cases

This text of 790 P.2d 836 (State v. Hartsough) 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
State v. Hartsough, 790 P.2d 836, 14 Brief Times Rptr. 581, 1990 Colo. LEXIS 313, 1990 WL 52786 (Colo. 1990).

Opinion

Justice LOHR

delivered the Opinion of the Court.

This case arises out of the death of a llama owned by Mary Beth and Patrick J. Hartsough. The llama was put to death following severe injuries sustained during a routine examination by Dr. John Smith and student Heidi Hamlin at Colorado State University’s veterinary hospital. The Hart-soughs filed an action in Denver District Court against the State of Colorado, Colorado State University and two of its colleges, the veterinary hospital, the doctor and the student, seeking damages for the loss of the llama. The district court dismissed the complaint because it concluded that the Hartsoughs’ claims were barred by the Colorado Governmental Immunity Act, §§ 24-10-101 to -120, 10A C.R.S. (1988). The Colorado Court of Appeals reversed. Hartsough v. State, 762 P.2d 758 (Colo.App.1988). We hold that the Colorado Governmental Immunity Act barred the Hartsoughs’ claims and therefore reverse the judgment of the court of appeals.

In 1971, we prospectively overruled prior decisions in this state that recognized the defense of governmental immunity in tort actions. See Evans v. Board of County Comm’rs, 174 Colo. 97, 482 P.2d 968 (1971); Flournoy v. School Dist., 174 Colo. 110, *838 482 P.2d 966 (1971); Proffitt v. State, 174 Colo. 113, 482 P.2d 965 (1971). In response to these decisions, the legislature enacted the Colorado Governmental Immunity Act. Ch.. 323, sec. 1, §§ 130-11-1 to -17, 1971 Colo.Sess.Laws 1204, 1204-11.

The Colorado Governmental Immunity Act makes public entities and public employees immune from claims for injury that lie in tort or could lie in tort, with some statutory exceptions. § 24-10-105, 10A C.R.S. (1988). This case presents the question of whether the operation of a veterinary hospital by a state university is among those exceptions. 1 The statute governing the resolution of this question is section 24-10-106(l)(b), 10A C.R.S. (1988), which provides in pertinent part:

Sovereign immunity is waived by a public entity in an action for injuries resulting from:..
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(b) The operation of any public hospital, correctional facility, as defined in section 17-1-102, C.R.S.,[ 2 ] or jail by such public entity.

The district court dismissed the Hart-soughs’ complaint based on the conclusion that the term “public hospital” in section 24 — 10—106(l)(b) does not include veterinary hospitals and therefore sovereign immunity has riot been waived as to the operation of veterinary hospitals by public entities. The court of appeals reversed on the basis of its contrary conclusion that “public hospital” as used in that statute refers to all types of public hospitals, including veterinary hospitals. Hartsough, 762 P.2d at 759. We agree with the trial court’s construction of the statute.

In Stephen v. City and County of Denver, 659 P.2d 666 (Colo.1983), we noted that because governmental immunity is in derogation of Colorado’s common law, “legislative grants of immunity must be strictly construed.” Id. at 668 n. 3. It remains true, however, that our primary task in construing a statute is to determine and give effect to the intent of the legislature. Kern, 746 P.2d 1340, 1344 (Colo.1987). In determining the meaning of a statute we derive guidance from familiar principles of statutory construction. Words should be given their ordinary meaning. People v. District Court, 713 P.2d 918, 920 (Colo.1986). A word’s commonly accepted meaning should be preferred over a strained or forced interpretation. See Kern v. Gebhardt, 746 P.2d at 1344. We must also look at the context in which statutory terms appear. Sheely v. People, 54 Colo. 136,138, 129 P. 201, 202 (1912); see Humana, Inc. v. Board of Adjustment, 189 Colo. 79, 82, 537 P.2d 741, 743 (1975). Thus, “the meaning of a doubtful word may be ascertained by reference to the meaning of words associated with it.” Sheely, 54 Colo, at 138, 129 P. at 202.

In the present case, the context in which the word “hospital" appears in section 24-10-106(l)(b) provides important guidance as to its meaning. In that section public hospitals are grouped together with correctional facilities and jails, strongly suggesting that the section was intended to apply to public facilities designed to hold people. The Hartsoughs correctly point out that in the past other statutory provisions have used the term “hospital” to refer to a veterinary hospital. The context of those provisions, however, clarifies the term’s meaning. In section 23-31-135(2), 9 C.R.S. (1986 Supp.), 3 a part of the article establishing *839 Colorado State University, a reference to the university’s veterinary hospital precedes the phrase “the new hospital.” In the context of that statute, “the new hospital” clearly refers to a specific veterinary hospital. In section 13-80-105, 6 C.R.S. (1985 Supp.), 4 the term “hospital” arguably includes veterinary hospitals because the section discusses both veterinarians and doctors who treat people. In contrast to these provisions, the context of section 24-10 — 106(l)(b) makes clear the legislature’s intent to limit the term “hospital” to institutions providing care for sick and injured persons.

The construction of the term “hospital” to exclude veterinary hospitals is also supported by the term’s ordinary meaning. The ordinary meaning of “hospital” is a place where sick or injured persons, not animals, are treated. Webster’s Third New International Dictionary (1986) defines “hospital” as “an institution or place where sick or injured persons are given medical or surgical care.” Id. at 1093. Black’s Law Dictionary (5th ed. 1979) defines hospital as “[a]n institution for the treatment and care of sick, wounded, infirm or aged persons.” Id. at 664. Similar definitions have been relied upon by this court as well as courts in other jurisdictions. See McNichols v. City and County of Denver, 120 Colo. 380, 386, 209 P.2d 910, 913 (1949); Pellegrino v. City Council of Springfield, 22 Mass.App.Ct. 459, 494 N.E.2d 1036, 1038-39 (1986); Pagel v. Trinity Hosp. Assoc., 72 N.D.

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Bluebook (online)
790 P.2d 836, 14 Brief Times Rptr. 581, 1990 Colo. LEXIS 313, 1990 WL 52786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hartsough-colo-1990.