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Walcott v. District Court9/23/1996
EN BANC
We issued a rule pursuant to C.A.R. 21 directing the District Court for the City and County of Denver (district court) to show cause why it did not err when it ruled that it lacked authority to permit Brenda Walcott, a non-resident indigent plaintiff, to prosecute her personal injury claim against defendant, Total Petroleum, Inc., without posting a cost bond for security. Because we conclude that the controlling statutes, §§ 13-16-101 to -103, 6A C.R.S. (1987), do not mandate dismissal where a non-resident plaintiff is financially unable to post a cost bond, we make the rule absolute.
I
We glean the following facts from the pleadings filed in response to our rule to show cause. On June 20, 1994, Total Petroleum, Inc. (Total Petroleum) sold gasoline to Alvin Taylor in a non-approved container in violation of section 8-20-231, 3B C.R.S. (1986), National Fire Code 9-2, and City and County of Denver Ordinances 207 and 960. Taylor then doused Brenda Walcott with the gasoline and set her on fire.
Walcott suffered severe, life threatening burns and injuries to eighty-eight percent of her body. As a result, she has been receiving extensive medical care at a burn hospital outside Colorado for the past twenty-one months. Her medical bills total more than $1,000,000. At the time of the incident, Walcott was a resident of Colorado. However, due to her continuing medical treatment outside Colorado, she is no longer a Colorado resident. Prior to the incident, Walcott had no intention of leaving Colorado, and would not have left but for the extensive medical treatment required by the injuries she sustained.
Walcott and her husband, Dean Walcott, filed a civil action naming Total Petroleum as a defendant, seeking damages related to Walcott's injuries. On December 8, 1995, the Walcotts filed a motion to proceed without payment of costs and without filing a cost bond. In response, Total Petroleum filed a motion asking the district court to require the Walcotts to post a cost bond, which the Walcotts opposed.
On January 16, 1996, the district court issued its order denying the Walcotts' motion, granting Total Petroleum's motion, and ordering Brenda Walcott to file a cost bond in the amount of $20,000. Relying upon sections 13-16-101 and 13-16-102, the district court concluded that the Walcotts could not proceed to litigate their claims as plaintiffs until Brenda Walcott submitted a cost bond as security for potential costs. The district court ruled, "there is no authority for Plaintiff's proposition that the costs contemplated by C.R.S. § 13-16-102 are to be waived in the same way as the costs contemplated by C.R.S. § 13-16-103." On February 28, 1996, the court denied plaintiff's motion to reconsider.
II
Before addressing the substantive issues in the instant action, we must first address Total Petroleum's jurisdictional challenge. Total Petroleum contends that the district court's denial of Walcott's motion to proceed without filing a cost bond is not an appropriate case for relief under C.A.R. 21. Instead, Total Petroleum argues that Walcott's claim of error would be more properly presented on appeal. We are not persuaded.
As delegated by Article VI of our constitution, this court has jurisdiction to issue original and remedial writs as may be provided by rule. Colo. Const., art. VI, § 3. The exercise of our original jurisdiction under C.A.R. 21 is within the sound discretion of this court. People
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