Wycoff v. Seventh Day Adventist Ass'n of Colorado
2010 Colo. App. LEXIS 1826
| Colo. Ct. App. | 2010Background
- Wycoff was seriously injured during an overnight Grace Community Church event on a ranch owned by SDA.
- Intervenor insurer had paid Wycoff's medical expenses; suits were filed against Grace and SDA.
- Trial court found Grace was an invitee and SDA a licensee, imposing lesser duties on SDA.
- Jury instructions reflected SDA's duty as only to dangers SDA actually knew about, unlike Grace's broader duty.
- This appeal challenges SDA's invitee/licensee status and the related jury instructions under the Premises Liability Act.
- The court reverses and remands for a new trial due to instructional error regarding SDA's duty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Wycoff SDA's invitee under §13-21-115(5)(a)? | Wycoff had a paid stay on SDA's ranch via Grace, a direct, benefit-bearing relationship. | No direct dealing between Wycoff and SDA; she was Grace's guest, not SDA's invitee. | Yes; Wycoff was SDA's invitee; SDA owed higher duties. |
| Did the trial court misstate SDA's duty compared to Grace? | Invitee status for SDA carried a broader duty than licensee status; instructions were incorrect. | Different duties were appropriate given different relationships and knowledge. | Yes; instructional error; duties were mis-stated. |
| Was the instructional error harmless or reversible? | Error could have changed the outcome; invit ee duties were significant to liability. | Error harmless under the facts of the case. | Reversible error; requires a new trial. |
Key Cases Cited
- Henderson v. Master Klean Janitorial, Inc., 70 P.3d 612 (Colo.App.2003) (building entrant duties extend to clean and safe environment)
- Wilson v. Marchiondo, 124 P.3d 837 (Colo.App.2005) (landlord's liability to social guests when tenant has possession)
- Clyncke v. Waneka, 157 P.3d 1072 (Colo.2007) (instructional error reviewed for potential impact on outcome)
- Lakeview Associates, Ltd. v. Maes, 907 P.2d 580 (Colo.1995) (de novo construction of Premises Liability Act standards)