delivered the Opinion of the Court.
Union Pacific petitioned for review of the court of appeals' judgment affirming the district court's order granting partial summary judgment for the Martins and striking Union Pacific's affirmative defenses of comparative negligence and fault of a nonmparty. See Martin v. Union Pacific R.R. Co.,
Because the premises lability statute, when construed in context, does not mandate that the damages resulting from the railroad's negligence be assessed without regard to the negligence of the injured party or fault of a nonparty, the judgment of the court of appeals is rеversed.
David and Rebecca Martin brought suit against Union Pacific Railroad Company and engineer Dannie Dolan for injuries suffered by their daughter in a collision between her car and a Union Pacific train. It was undisputed that in 2002, Maureen Martin's car approached a railroad crossing in Castle Rock and stalled close to, if not precisely on, the trаcks. As the train approached, the warning lights flashed, the automatic gates were activated, and the arm of the crossing gate came down on top of her car. Fearing that Maureen would be struck by the oncoming train, a friend who was driving behind her attempted to push her car over the tracks with his truck. Despite, or as a result of, these efforts, the train struck Maureen's car, causing her serious injuries.
Because it was also undisputed that Union Pacific owned and maintained the railroad crossing, and yet the plaintiffs pled their claim in terms of simple negligence, the district court granted Union Pacific's motion for summary judgment. However, it simultaneously permitted the plaintiffs to amend their complaint and expressly pleаd pursuant to Colorado's premises liability statute.
Union Pacific nevertheless sought to preserve its objection to the court's pre-trial ruling by presenting evidence and offering instructions on these defenses. The district court, however, declined to reconsider and denied the requested instructions. The jury found the plaintiffs liable and awarded actual damages of $7,147,120 to Maureen Martin, actual damages of $615,714 to her parents, and $4,000,000 in punitive damages.
On appeal, Union Pacific assigned error to a number of the district court's rulings, including its decision to bar the affirmative defenses of comparative negligence and pro rata liability. The court of appeals disagreed with the district court's conclusion that our holding in Vigil v. Franklin was disposi-tive, but because the premises Hability statute had been subsequently amended to expressly permit these affirmative defenses, it considered the question of statutory construction limited to a determination whether the subsequent amendment was intended as a clarification of the existing statute or a substantive сhange. Interpreting the conflicting legislative history of the 2006 amendment as failing to demonstrate any clear indication of intent to clarify the existing statute, a majority of the court of appeals panel affirmed the district court's grant of partial summary judgment.
We granted Union Pacific's petition for a writ of certiorari.
II.
Subject to constitutional limitations, the legislature can, and frequently has, abrogated various common law tort doctrines. See generally Colorado Revised Statutes, title 18, article 21; see, e.g., Fibreboard Corp. v. Fenton,
Most particularly, in 1986 and again in 1990, in response to (Gallegos v. Phipps,
A substantial body of interpretative alds, either prescribed by the legislature itself or developed by the courts, exists to help determine which among a number of competing reasonable interpretations of particular statutory language actually embodies the legislative intent. Frank M. Hall & Co. v. Newsom,
In the absence of any clear indication to the contrary, statutory enactments are presumed to be intended to change the law, and to do so only prospectively. City of Colorado Springs v. Powell,
A failure to include in amendatory legislation any adequate indication of intent to clarify existing statutory language can therefore, at most, be indiсative of the legislature's understanding of the current state of the law and its desire to change it. Especially where an existing statute has already undergone construction by a final judicial authority, further legislative amendment necessarily reflects the legislature's understanding of that construction, or perhaps simply disagreement with how it is being (or fear of how it is likely to be) interpreted by other
The sporadic, and at times contradictory, references to both clarification and reinstatement by individual drafters, sponsors, and witnesses analyzed by the court of appeals indicate little more than legislative dissatisfaction with any reading of the premises liability statute barring the application of these damage apportionment doctrines. A belief by some legislators that such a construction already was, or might soon become, the judicially accepted interpretation of the premises liability statute could, however, have little bearing on our ultimate constructiоn of the original statutory language. In light of the uncertainty surrounding the proper construction of the premises liability statute at the time of its 2006 amendment, interpretive aids directed toward understanding the language of the original enactment and its relation to the statutory scheme as a whole are far more likely to offer meaningful assistance in discovering thе original legislative intent. See generally, 1A Norman J. Singer, Sutherland Statutory Construction, § 22:30, at 373 (6th ed. 2000) ("An amendment of an unambiguous statute indicates a purpose to change the law, whereas no such purpose is indicated by the mere fact of an amendment of an ambiguous provision.").
As the court of appeals recognized, the holding of Vigil v. Franklin also implied littlе about related tort reform statutes in general or the applicability of the statutory defenses of comparative negligence and pro rata liability in particular. Martin,
In fact, the premises liability statute, prior to its 2006 amendment, was silent with regard to these other reforms assigning damages according to relative fault. In part because it would simply be impractical to require cross-references in each statute making applicable the related provisions of a broader scheme, see Martinez v. People,
Sections 13-21-111 and 111.5, providing for comparative negligence as a measure of damages and pro rata liability, by their own terms, apply to actions brought as the result of death or injury generally, and they mandate the apportiоnment of damages assessed against a defendant in terms of the degree or percentage of negligence or fault attributable to him.
The statute cannot, by limiting the cireumstances in which a landowner can be held liable for injuries occurring on his land alone, be reasonably understood to exempt this class of actions from generally applicable legislative dictates concerning the measure of damages in injury cases. The legislative decision to apportion damages according to fault reflects a broad policy choice, not only to reject complete exoneration whenever another is partially at fault, but also to reject the imposition of full liability on оne who bears only partial responsibility. Nothing in the premises liability statute suggests a different policy choice with regard to the extent of damages to be imposed on landowners. More specifically, however, nothing in the language of the premises lability statute conflicts with or suggests an intent to relieve injured parties of the effects of these damаge-apportionment provisions.
In Vigil, we found that the statutory duties owed by landowners to trespassers, licensees, and invitees, as specifically prescribed in subsection (8) of the statute, when combined with the statute's express allowance of recovery "only as provided in subsection (8)," established the premises liability statute as "the sole codificаtion of landowner duties in tort."
IIL
Because the premises lability statute, when construed in context, does not mandate that the damages resulting from the railroad's negligence be assessed without regard to the negligence of the injured party or fault of a nonparty, the judgment of the court of appeals is reversed, and the case is remanded to the court of appeals with instructions to return the case to the district court for a nеw trial.
Notes
. The court preliminarily found that Maureen was a licensee for purposes of the landowner's statutory duty of care, but after hearing the evidence at trial, it ruled that she was an invitee and instructed the jury accordingly.
. The majority also affirmed the district court's evidentiary ruling, its classification of Maureen Martin as an invitee, and its award of punitive damagеs, but it reversed the district court's denial of the Martins' motion to increase punitive damages.
. The text of section 13-21-111(1), C.R.S. (2008) mandates that an injured party's "[clontributory negligence shall not bar recovery in any action ... to recover damages for negligence resulting in death or in injury to person or property if such negligence was not as great as the negligenсe of
. Respondents also assert that even if the district court erred in construing the statute to bar these statutory defenses, any error was harmless because Union Pacific failed to offer sufficient evidence to justify their consideration by the jury. Because the district court struck the defenses before trial by granting partial summary judgment, however, Union Pacific was not required to substantiate its affirmative defenses.