Mesa County Valley School Dist. v. Kelsey

• Decision Date: 11 September 2000
• Docket Number: No. 98SC825.,98SC825.
• Parties: MESA COUNTY VALLEY SCHOOL DISTRICT NO. 51, Petitioner, v. Rusti KELSEY, Respondent.
• Court: Colorado Supreme Court

8 P.3d 1200

MESA COUNTY VALLEY SCHOOL DISTRICT NO. 51, Petitioner, v. Rusti KELSEY, Respondent.

No. 98SC825.

Supreme Court of Colorado, En Banc.

September 11, 2000.

Groves & Price, P.C., David A. Price, Grand Junction, Colorado, Attorney for Petitioner.

Doehling & Driscoll, P.C., Gary L. Doehling, Jeffrey L. Driscoll, Grand Junction, Colorado, Attorneys for Respondent.

Chief Justice MULLARKEY delivered the Opinion of the Court.

Respondent Rusti Kelsey (Kelsey) brought this action against petitioner Mesa County Valley School District No. 51 (the District) to recover damages arising from personal injuries suffered in a "slip and fall" accident that occurred at one of the District's schools. The District moved to dismiss the action for lack of subject-matter jurisdiction, arguing that Kelsey failed to comply with the notice-of-claim provisions of the Colorado Governmental Immunity Act (CGIA), sections 24-10-101 to -120, 7 C.R.S. (1999). The trial court denied the District's motion, and the court of appeals affirmed in an unpublished opinion. See Kelsey v. Mesa County Sch. Dist. No. 51, No. 97CA0976 (Colo.App. Aug. 13, 1998) (not selected for official publication).

We granted certiorari to the court of appeals to review two issues. The first issue is whether the court of appeals erred by ruling that an accident report form, combined with various medical reports and bills received by the District's risk manager, constituted "written notice" of Kelsey's claim under section 24-10-109(1) of the CGIA. The second issue is whether the court of appeals erred by ruling that Kelsey filed written notice of her claim with the District's duly appointed governing body, as required by section 24-10-109(3) and this court's precedent.

We hold that the court of appeals erred by concluding that the accident report form, medical reports, and bills received by the District's risk manager constituted written notice of Kelsey's claim. Because our conclusion on this issue disposes of the question whether Kelsey complied with the requirements of section 24-10-109, we do not reach the second issue raised on appeal.

We do, however, address Kelsey's argument that this case should be remanded for further proceedings to determine whether the District is estopped from claiming that the trial court lacks subject-matter jurisdiction over this case under section 24-10-109(1). On this issue, we find that estoppel is not a defense to a claimant's failure to file written notice as required by section 24-10-109(1). Accordingly, we reverse the judgment of the court of appeals and order dismissal of the case for lack of subject-matter jurisdiction.

I.

The relevant facts of this case, as found by the trial court, are as follows.

On the evening of November 15, 1995, Kelsey attended a function at Columbus Elementary School, one of the schools operated by the District. Kelsey injured herself when she tripped over a concrete splash block located on school grounds.

Kelsey reported the injury to Columbus Elementary's school nurse, who completed a school accident report form based on Kelsey's oral statements. This report included Kelsey's name, address, and telephone number, as well as a concise description of the nature and cause of Kelsey's injury.

On November 16, 1995, the principal at Columbus Elementary reported the accident to the District's risk manager, Thomas Kalenian (Kalenian). Shortly thereafter, Kalenian received a copy of the accident report form.

Kalenian spoke by telephone with Kelsey about the accident.¹ Eventually, Kalenian referred Kelsey to John Leech (Leech), an employee of Crawford & Company, the insurance adjuster for the self-insurance pool to which the District belongs. Leech spoke by telephone with Kelsey on three separate occasions regarding her medical expenses.

On March 29, 1996, Kalenian received copies of Kelsey's medical bills and reports from her health care provider, Rocky Mountain HMO. The bills and reports described Kelsey's injuries, the treatment she received, and the cost of that treatment. The trial court found that Rocky Mountain HMO's purpose in submitting the bills and reports was to protect its own interests—namely, a lien on any judgment or reimbursement for medical expenses that Kelsey might recover from the District.

Neither Kelsey nor any entity acting on Kelsey's behalf filed any written documents asserting a claim with the District prior to the expiration of the 180-day period for filing claims mandated by section 24-10-109(1). Eventually, however, 182 days after the date of her injury, Kelsey retained an attorney who promptly submitted a formal written notice of her claim for medical expenses and other damages related to her injury pursuant to section 24-10-109. When the District denied Kelsey's claim, Kelsey commenced this action.

The District moved to dismiss this case for lack of subject-matter jurisdiction, arguing that Kelsey failed to file a written notice of her claim within the 180-day period prescribed by section 24-10-109(1). During a hearing on the motion to dismiss, however, Kalenian testified that receipt of a formal notice of Kelsey's claim by the District within the 180-day filing period would not have affected the District's investigation, remedial action, fiscal arrangements, or preparation of a defense. The parties stipulated that the District's school board, which is its governing body, ordinarily is not informed when the District receives notice of a claim. Kalenian did not know whether the school board would have been notified if a timely formal notice had been filed in this case, and he testified that the District's attorney generally is not informed of claims unless he is served with a notice or litigation is involved.

The trial court denied the District's motion to dismiss for lack of subject-matter jurisdiction. It concluded that the accident report form generated by Columbus Elementary's school nurse, combined with the medical reports and bills submitted by Rocky Mountain HMO, satisfied the notice requirements of section 24-10-109(1). The court of appeals agreed with the trial court's conclusion, and this appeal followed.

II.

The District argues that section 24-10-109(1) bars Kelsey's claim because she failed to file a written notice of her claim against the District within 180 days of discovering her injury.² Kelsey concedes that the written notice requirements of section 24-10-109 apply to her claim against the District and that she failed to file a formal notice of her claim until 182 days after discovering her injury. Nevertheless, Kelsey argues that the accident report form completed by Columbus Elementary's school nurse and the medical reports and bills submitted by Rocky Mountain HMO, combined, contain all the information required under XX-XX-XXX(2) to be included in a written notice.³

The CGIA governs the circumstances under which a person may maintain a tort action against the state, its political subdivisions, and its employees. See Corsentino v. Cordova, 4 P.3d 1082, 1086 (Colo.2000)

. Section

XX-XX-XXX(1) of the CGIA establishes a jurisdictional prerequisite to such actions, requiring any person seeking damages from a public entity or employee thereof to provide written notice within 180 days of discovering the injury that is the basis of the claim. See § 24-10-109(1); Jefferson County Health Servs. Ass'n v. Feeney, 974 P.2d 1001, 1002 (Colo.1998); Brock v. Nyland, 955 P.2d 1037, 1040 (Colo.1998).

As we previously have observed, the purposes of the written notice required by section 24-10-109(1), as well as the ninety-day waiting period for commencing litigation under section 24-10-109(6), are to allow a public entity to investigate and remedy dangerous conditions, to settle meritorious claims without incurring the expenses associated with litigation, to make necessary fiscal arrangements to cover potential liability, and to prepare for the defense of claims. See Feeney, 974 P.2d at 1003

; Regional Transp. Dist. v. Lopez, 916 P.2d 1187, 1194 (Colo. 1996).

It is important to keep in mind that this portion of the CGIA sets forth a prerequisite to filing a law suit, a civil action that lies in tort or could lie in tort, against a governmental entity. In light of this fact and the plain language of section 24-10-109, it is readily apparent that the "written notice" required by section 24-10-109(1) is notice that the claimant in fact is asserting a claim against the public entity or an employee thereof. See § 24-10-109(2)(a) (requiring the written address to include "[t]he name and address of the claimant") (emphasis added); § 24-10-109(2)(b) (requiring "[a] concise statement of the factual basis of the claim") (emphasis added); § 24-10-109(2)(e) (requiring "[a] statement of the amount of monetary damages that is being requested") (emphasis added); § 24-10-109(6) (providing that a plaintiff who has filed the written notice required by section 24-10-109(1) may not commence an action in court until it "has received notice from the public entity that the public entity has denied the claim or until after ninety days has passed following the filing of the notice of claim required by [section 24-10-109]") (emphasis added).

A claim is the assertion of a legal right, and in the context of a tort action against a public entity for personal injuries, a claim is a demand for payment of monetary damages. See National Cas. Co. v. Great Southwest Fire Ins. Co., 833 P.2d 741, 744-45 (Colo.1992)

; Harding Glass Co. v. Jones, 640 P.2d 1123, 1126 (Colo.1982); see also Black's Law Dictionary 240 (7th ed.1999) (defining claim as "[t]he assertion of an existing right; any right to payment or to an equitable remedy" and "[a] demand for money or property to which one asserts a right"). Because we interpret the term "written notice" in section 24-10-109(1) to mean written notice of a claim, we hold that any documents on which a plaintiff relies to satisfy the requirements...