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City of Apsen v. Meserole12/24/1990
. To construe the statutory language in accordance with the legislative objective, we must, in my opinion, resolve subsection (1)(d)'s ambiguity in a manner that restricts the government's liability. To expand the government's liability to cover dangerous conditions on sidewalks would serve only to frustrate the legislature's objective.
Section 24-10-106(1) mandates that " public entity shall be immune from liability in all claims for injury which lie in tort or could lie in tort," unless an exception applies. Although grants of governmental immunity must be strictly construed, this court must nevertheless give effect to the legislature's intent. The foregoing legislative history reveals a clear purpose by the General Assembly to limit government liability in subsection (1)(d) to dangerous conditions on paved or unpaved road surfaces upon which motor vehicles operate. Such an interpretation advances the legislature's goal, which is to narrow, rather than expand, the scope of the exceptions to governmental immunity. In construing subsection (1)(d), we must presume that the legislature intended to favor the public interest over the private interest. We are therefore obligated to adopt a narrow construction of subsection (1)(d) that effectively limits the fiscal burdens of the taxpaying public.
I would reverse the judgment of the court of appeals.
I am authorized to say that CHIEF JUSTICE ROVIRA joins in this dissent.
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