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Regional Transportation District v. Voss2/21/1995
EN BANC
In Voss v. Regional Transportation District, No. 92CA1206 (Colo. App. July 29, 1993) (not selected for official publication), the court of appeals held that the three-year statute of limitations established by section 13-80-101(1)(j), 6A C.R.S. (1987) (the "no-fault limitations statute"), for claims arising under the Colorado Automobile Accident Reparations Act (the "No-Fault Act"), is applicable to a civil action filed by the respondents, Janet F. Voss and Evelyn Stephenson, seeking damages for injuries allegedly sustained in a collision between a car in which they were riding and a bus owned by the petitioner, the Regional Transportation District (the RTD). We granted certiorari to determine whether the no-fault limitations statute or the two-year statute of limitations for actions against governmental and public entities established by section 13-80-102(1)(h), 6A C.R.S. (1987), (the "government entity limitations statute"), applies to this action. We affirm the court of appeals' judgment.
I
On July 12, 1987, an RTD bus crossed the center line of a street while making a left turn and struck a car stopped at a red light. The respondents, who were occupants of the car, were injured by the impact. They filed a civil action against the RTD and others on February 9, 1990.
The complaint alleges, inter alia, that the RTD driver was negligent, that such negligence caused the respondents' injuries, and that the no-fault limitations statute governs this case. The RTD asserted that the suit was barred by the government entity limitations statute. The parties filed cross-motions for summary judgment on the issue of the applicable statute of limitations. The trial court held that the no-fault limitations statute applied on the ground that if two statutes of limitations are arguably applicable, the statute providing the longer period of time governs.
The case was tried to a jury in February 1992. At the Conclusion of all the evidence, the trial court directed a verdict against the RTD, concluding that the bus driver was negligent as a matter of law and that the RTD must be assumed negligent pursuant to the master-servant doctrine. The jury awarded damages in favor of Voss in the amount of $300,000 and in favor of Stephenson in the amount of $5,000. The trial court reduced Voss's award to $150,000, pursuant to provisions of the Governmental Immunity Act (the "Immunity Act") limiting judgment awards against government entities. ยง 24-10-114(1)(b), 10A C.R.S. (1988). The trial court denied Stephenson's post-trial motion for attorney fees, but ordered the RTD to pay costs in the amount of $1,678 to Stephenson.
The RTD appealed the trial court's judgment, and Stephenson appealed the trial court's denial of her request for attorney fees. The court of appeals affirmed the trial court's Conclusion that the no-fault limitations statute applied, reversed the trial court's denial of Stephenson's request for attorney fees, and remanded the case to the trial court for a determination of that issue. In reaching its Conclusion with respect to the applicable statute of limitations, the court of appeals relied upon Jones v. Cox, 828 P.2d 218 (Colo. 1992), and Reider v. Dawson, 856 P.2d 31 (Colo. App. 1992), aff'd, 872 P.2d 212 (Colo. 1994).
II
The RTD argues that the court of appeals erred in determining that the no-fault limitations statute is applicable to the respondents' claims. We disagree.
A
As a preliminary issue, amici, the State of Colorado, Colorado Municipal League,
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