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Romero v. Valencia County9/24/2002
Plaintiff was injured when he fell off an elevated platform while unloading trash at a waste transfer facility operated by Defendant Valencia County ("the County"). Among other claims, his complaint alleged a design defect. The County moved to dismiss this claim, arguing that it was immune under the Tort Claims Act, NMSA 1978, §§ 41-4-1 to -29 (1976, as amended through 2001). The court granted the motion. We granted Plaintiff's application for an interlocutory appeal. We hold that under our decision in Williams v. Cent. Consol. Sch. Dist., 1998-NMCA-006, 8-17, 124 N.M. 488, 952 P.2d 978, the County is not immune for an alleged design defect at its waste transfer facility. We reverse.
DISCUSSION
We accept as true the allegations in Plaintiff's complaint. See Garcia v. Rodey, Dickason, Sloan, Akin & Robb, P.A., 106 N.M. 757, 760, 750 P.2d 118, 121 (1988) (stating that in reviewing a motion to dismiss for failure to state a claim on which relief can be granted, we accept as true all allegations in the complaint). According to Plaintiff, the public is instructed to drive to the edge of a platform and dump their trash into a trash gondola 14 to 16 feet below. At the edge of the platform is a retaining wall about 18 inches high. There are no other protective devices. Plaintiff alleged that while unloading trash, he lost his balance and fell off the platform. He fell approximately 20 feet and landed on the ground beside the trash gondola, broke both legs, and sustained other injuries.
A. Standard of Review
A motion to dismiss for failure to state a claim is properly granted only when the plaintiff is not entitled to relief under any state of facts provable under the claim. Cypress Gardens, Ltd. v. Platt, 1998-NMCA-007, 6, 124 N.M. 472, 952 P.2d 467. Whether the County is immune under the Tort Claims Act is a question of law we review de novo. See Godwin v. Mem'l Med. Ctr., 2001-NMCA-033, 23, 130 N.M. 434, 25 P.3d 273.
B. Immunity
A governmental entity is immune from tort liability except as provided by the Act. See § 41-4-4. Plaintiff argues that immunity has been waived under Sections 41-4-6 and 41-4-8. Section 41-4-6 reads:
The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any building, public park, machinery, equipment or furnishings. Nothing in this section shall be construed as granting waiver of immunity for any damages arising out of the operation or maintenance of works used for diversion or storage of water.
In Williams, 1998-NMCA-006, 9, we held that Section 41-4-6 waived immunity for negligence by permitting an unsafe condition rooted in a design defect. We noted that, unlike Section 41-4-11(B), Section 41-4-6 contains no exception for "defects originating in design," although the legislature knew how to fashion such an exception. Id. We recognized that our Supreme Court has embraced a broad view of "operation or maintenance," to encourage the State "to exercise reasonable care to prevent or correct dangerous conditions on public property." Id. 10. We rejected the claim that there was any significant distinction between a dangerous condition caused by the operation or maintenance of a building, and a dangerous condition originating in a defect in design. Id. 8-17. Plaintiff argues that, consistent with Williams, the transfer station platform falls within Section 41-4-6's broad definition of "any building, . . . machinery
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