Union Pacific Railroad v. Martin

209 P.3d 185, 2009 Colo. LEXIS 587, 2009 WL 1579229
CourtSupreme Court of Colorado
DecidedJune 8, 2009
DocketNo. 07SC913
StatusPublished
Cited by47 cases

This text of 209 P.3d 185 (Union Pacific Railroad v. Martin) 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
Union Pacific Railroad v. Martin, 209 P.3d 185, 2009 Colo. LEXIS 587, 2009 WL 1579229 (Colo. 2009).

Opinion

Justice COATS

delivered the Opinion of the Court.

Union Pacific petitioned for review of the court of appeals' judgment affirming the district court's order granting partial summary judgment for the Martins and striking Union Pacific's affirmative defenses of comparative negligence and fault of a nonmparty. See Martin v. Union Pacific R.R. Co., 186 P.3d 61 (Colo.App.2007). Relying on our holding in Vigil v. Franklin, 103 P.3d 322 (Colo.2004), the district court concluded that these statutory defenses were inapplicable to claims limited by Colorado's premises Hability statute. The court of appeals disagreed that Vigil was dispositive but nevertheless found the district court's conclusion supported by a 2006 amendment to the statute, expressly making those defenses applicable without also providing an adequate indication that the amendment was intended only as a clarification of the existing statute.

Because the premises lability statute, when construed in context, does not mandate that the damages resulting from the railroad's negligence be assessed without regard to the negligence of the injured party or fault of a nonparty, the judgment of the court of appeals is reversed.

[187]*1871.

David and Rebecca Martin brought suit against Union Pacific Railroad Company and engineer Dannie Dolan for injuries suffered by their daughter in a collision between her car and a Union Pacific train. It was undisputed that in 2002, Maureen Martin's car approached a railroad crossing in Castle Rock and stalled close to, if not precisely on, the tracks. As the train approached, the warning lights flashed, the automatic gates were activated, and the arm of the crossing gate came down on top of her car. Fearing that Maureen would be struck by the oncoming train, a friend who was driving behind her attempted to push her car over the tracks with his truck. Despite, or as a result of, these efforts, the train struck Maureen's car, causing her serious injuries.

Because it was also undisputed that Union Pacific owned and maintained the railroad crossing, and yet the plaintiffs pled their claim in terms of simple negligence, the district court granted Union Pacific's motion for summary judgment. However, it simultaneously permitted the plaintiffs to amend their complaint and expressly plead pursuant to Colorado's premises liability statute.1 In response to the plaintiffs' subsequent motion for partial summary judgment, the district court struck the defendants' affirmative defenses of comparative negligence and pro rata liability of a nonparty. Finding that our opinion in Vigil v. Franklin rendered these defenses inapplicable to claims of premises liability, the court concluded that the defendants had "hoist themselves on their own petard."

Union Pacific nevertheless sought to preserve its objection to the court's pre-trial ruling by presenting evidence and offering instructions on these defenses. The district court, however, declined to reconsider and denied the requested instructions. The jury found the plaintiffs liable and awarded actual damages of $7,147,120 to Maureen Martin, actual damages of $615,714 to her parents, and $4,000,000 in punitive damages.

On appeal, Union Pacific assigned error to a number of the district court's rulings, including its decision to bar the affirmative defenses of comparative negligence and pro rata liability. The court of appeals disagreed with the district court's conclusion that our holding in Vigil v. Franklin was disposi-tive, but because the premises Hability statute had been subsequently amended to expressly permit these affirmative defenses, it considered the question of statutory construction limited to a determination whether the subsequent amendment was intended as a clarification of the existing statute or a substantive change. Interpreting the conflicting legislative history of the 2006 amendment as failing to demonstrate any clear indication of intent to clarify the existing statute, a majority of the court of appeals panel affirmed the district court's grant of partial summary judgment.2

We granted Union Pacific's petition for a writ of certiorari.

II.

Subject to constitutional limitations, the legislature can, and frequently has, abrogated various common law tort doctrines. See generally Colorado Revised Statutes, title 18, article 21; see, e.g., Fibreboard Corp. v. Fenton, 845 P.2d 1168, 1176 (Colo.1998) (recognizing the legislature's abrogation of the common law rule that the release of one tortfeasor operated to release all tortfeasors from liability for the same tort). As relevant here, in 1975 the General Assembly expressly abrogated the harsh doctrine of contributory negligence and replaced it with a comparative negligence approach, mandating that damage awards for negligence resulting in death or injury merely be diminished (rather than barred altogether) in proportion to the amount of negligence attributable to the person for whose injury, damage, or death re[188]*188covery is made. Ch. 152, sec. 1, § 13-21-111, 1975 Colo. Sess. Laws 570. In a similar vein, in 1986 the legislature extended this approach by limiting the liability of defendants in such actions to an amount no greater than that represented by the degree or percentage of negligence or fault attributable to them, even though some of the fault might be attributable to a nonparty. Ch. 108, sec. 1, § 13-21-111.5, 1986 Colo. Sess. Laws 680-81.

Most particularly, in 1986 and again in 1990, in response to (Gallegos v. Phipps, 779 P.2d 856 (Colo.1989) (striking down portions of 1986 premises lability statute as violating equal protection), the General Assembly returned premises Hability law in this jurisdiction to a status approach similar to that from which this court had largely departed some fifteen years earlier. See Mile High Fence Co. v. Radovich, 175 Colo. 537, 489 P.2d 308 (1971). It did so by correlating the duty of care owed by landowners to others on their property according to their status as either trespassers, licensees, or invitees. See Ch. 107, sec. 1, § 13-21-115, 1990 Colo. Sess. Laws 867-69; ch. 109, sec. 1, § 18-21-115, 1986 Colo. Sess. Laws 683-84; see also Pierson v. Black Canyon Aggregates, Inc., 48 P.3d 1215, 1218 (Colo.2002). In Vigil v. Franklin, we held that by limiting the liability of landowners according to these statutorily defined duties of care, and by specifically singling out for continued vitality the common law doctrine of attractive nuisance, the legislature demonstrated its intent to abrogate all other common law doctrines relative to the care required of landowners. 103 P.3d at 328-29. After the district court's ruling in this case that our holding in Vigil also barred the apportionment of damages dictated by the legislature's provision for comparative negligence and pro rata liability, but prior to any resolution of Union Pacific's appeal of that ruling, the General Assembly amended the premises lability statute by expressly recognizing the applicability of those damages provisions. Ch. 107, sec. 1, § 13-21-115, 2006 Colo. Sess. Laws 344.

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Cite This Page — Counsel Stack

Bluebook (online)
209 P.3d 185, 2009 Colo. LEXIS 587, 2009 WL 1579229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-pacific-railroad-v-martin-colo-2009.