Hughey v. Grand River Dam Authority
Decision Date | 30 May 1995 |
Docket Number | Nos. 78183,79649,s. 78183 |
Parties | Richard A. HUGHEY, Administrator of the Estate of Rachel Ann Hughey, Plaintiff-Appellant, v. The GRAND RIVER DAM AUTHORITY, a public Oklahoma corporation, Defendant-Appellee. Carl Mack GLIDEWELL, Administrator of the Estate of Larry Mack Glidewell, Plaintiff-Appellant, v. The GRAND RIVER DAM AUTHORITY, a public Oklahoma corporation, Defendant-Appellee. |
Court | Oklahoma Supreme Court |
Daniel B. Gossett and Cheryl Bisbee, Stipe, Gossett, Stipe, Harper, Estes, McCune & Parks, Tulsa, for plaintiffs-appellants.
John F. McCormick, Jr., William A. Caldwell, Pray, Walker, Jackman, Williamson & Marlar, Tulsa, and Waldo F. Bales and Allen Pease, Gen. Counsel, Grand River Dam Authority, Vinita, for defendant-appellee.
Certiorari was granted to resolve the first-impression public-law issue whether the Grand River Dam Authority--a public entity 1--may claim the cloak of tort immunity from premises liability afforded by Oklahoma's Recreational Land Use Act? We answer in the affirmative.
The personal representatives [plaintiffs] of the estates of Larry Mack Glidewell and Rachel Ann Hughey [decedents] brought separate 2 wrongful death actions against the Grand River Dam Authority [Authority] occasioned by an incident in which decedents drowned after their boat had struck at night an abandoned railroad bridge in the Horsecreek area of Grand Lake. They alleged the Authority (1) had knowledge of the bridge and (2) negligently failed to provide lights or warning signs in the vicinity of the hazard's location.
The Authority moved for summary judgment, arguing (1) the Recreational Land Use Act [RLUA] 3 shields it from legal responsibility In separate opinions the Court of Appeals affirmed the nisi prius orders. Certiorari was sought to resolve the first-impression 7 issues whether (1) RLUA immunity extends to the Authority, (2) certain exceptions to that immunity may be applied 8 to these claims and (3) the Authority is protected by the terms of the GTCA. The two appeals stand consolidated for disposition by a single opinion. Because we answer the first question in the affirmative and the second in the negative we need not reach the last issue.
and (2) it is also protected by the terms of the Government Tort Claims Act [GTCA] 4 whose provisions exempt it from civil liability. 5 In two identical orders--one in each case--the trial court ruled summarily for the Authority on both grounds. 6
NO ACTIVITIES CONDUCTED BY THE AUTHORITY ON THE LOCUS DELICTI BRING IT WITHIN ANY EXCEPTION TO THE RLUA'S IMMUNITY GRANT
By its express terms the RLUA withholds immunity from premises liability where (1) entrance fees are charged to recreational users of the land/water areas or activities for profit are conducted within the area 14 or (2) the injury for which liability is sought to be imposed was deliberate, willful or malicious. 15 The record does not disclose that the Authority charges recreational users of its property an entrance fee. There is no record trail of the variety of commercial or for-profit activity in the Grand Lake area, which are contemplated by the RLUA's exception Nor does the record contain evidentiary material of the Authority's deliberate, willful or malicious action toward decedents. In short, no exception from the immunity affordable by the general terms of our RLUA could be made applicable to the claims in suit.
clause. The plain reading of the RLUA indicates that the type of commercial activity which takes a landowner out of the purview of immunity must be connected with the invitees' recreational use of the lands or waters. The Authority's generation of electricity on the land in question--its only commercial activity established by this record--has not been shown to have any profit-related nexus to the admitted public's presence upon the premises or with its free use of the locus delicti. 16 In short, there is here no probative material of the profit-related link required by law
THERE IS NO EVIDENTIARY MATERIAL RAISING A COMMERCIAL-ACTIVITIES ISSUE
A defendant who moves for summary judgment by interposing an affirmative (absolute) defense against liability must show that there is no substantial controversy over the applicable facts that are material to that defense and that all inferences which may be reasonably drawn from undisputed facts tendered are in the moving party's favor. 17 Once the moving party has made the required showing, the adverse party must then assume the burden of demonstrating the existence of a material fact that would justify a trial of that issue. 18
In an appeal from summary judgment, review is always limited to the issues shown by the record to have been actually presented at nisi prius and actually tendered before the trial judge. 19 For support of their commercial-activity-exception claim the plaintiffs relied below and do so here solely on the Authority's generation of electricity in the Grand Lake vicinity--the locus in quo. Because they produced no evidentiary material to show the presence upon the critical place of some disputed commercial activity in addition to the Authority's admitted generation of electricity, there is no need to theorize about its potential legal effect.
The Authority is immune from liability for plaintiffs' loss regardless of whether it is a private person or a governmental entity. This is so because by the provisions of the GTCA the state and any of its political subdivisions bear tort accountability in the same manner and to the same extent as a private entity. Neither the Authority's activity on the situs of the injury nor any of its acts (or omissions) toward decedents can bring these two claims within any exception to RLUA-conferred immunity. Today's holding makes moot the tendered dispute over the Authority's claimed exemption from liability under the GTCA. 22
ON CERTIORARI PREVIOUSLY GRANTED, THE MEMORANDUM OPINIONS OF THE COURT OF APPEALS ARE VACATED AND THE TRIAL COURT'S SUMMARY JUDGMENTS IN CAUSES NO. 79,649 AND NO. 78,183 ARE AFFIRMED.
In Boyd v. U.S. ex rel. U.S. Army Corps, 830 P.2d 577 (Okla.1992) we left unresolved the question of whether the Recreational Use Act (2 O.S.1991 § 1301-315) applies to the State of Oklahoma and its subdivisions. That was because the presence of commercial activity in the park area eliminated any possibility of the Act's availability as a defense, and thus the issue was not before us. Today's opinion resolves the unanswered question in favor of applicability of the Act for the benefit of the Grand River Dam Authority (GRDA), 1 and I agree.
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