Lockner v. Pierce Cnty.
Lockner v. Pierce Cnty.
Concurring Opinion
¶ 25 I agree with the majority that the plain language of RCW 4.24.210 provides recreational use immunity to Pierce County and note that the majority's application here comports substantially with the dissent's analysis in Camicia v. Howard S. Wright Construction Co. ,
Opinion of the Court
*528¶ 1 This case asks us to clarify the scope of Washington's recreational use immunity statute, RCW 4.24.210.
*529Lockner sued the County for negligence. Finding that recreational use immunity precluded her suit because the unintentional injury happened on land open to the public for recreational use without a fee, the trial court dismissed Lockner's claim on summary judgment. The Court of Appeals reversed, mistakenly relying on the dissent in this court's opinion in Camicia v. Howard S. Wright Constr. Co. ,
¶ 2 ¶ 3 While more than incidental recreational use may be required, sole recreational use is not required before conferring immunity to landowners. In addition, RCW 4.24.210 immunity is not limited to premises liability claims. It also extends to negligence actions. We therefore reverse the Court of Appeals in part and reinstate summary judgment for the County.
BACKGROUND
¶ 4 On a summer day in 2013, Lockner and her niece went for a bicycle ride on the Foothills Trail. While Lockner rode behind her niece, both cyclists approached a riding lawn mower cutting grass and moving in the same direction beside the trail. As Lockner passed the lawn mower, it allegedly expelled a cloud of dust and debris. Lockner shielded her face and swerved, "clip[ping] her niece's *249bike." Clerk's Papers (CP) at 3. Lockner fell and injured her knee and elbow.
¶ 5 The Foothills Trail is a nonmotorized asphalt trail alongside a soft shoulder path for equestrian use. Pierce County's website for the trail describes it as a "popular commuter route and recreational destination for bicyclists." Id. at 62. In its regional plan, the County envisions that its trail system will become a network for recreation, provide *530"transportation routes," id. at 69, and connect the County to other regional destinations.
¶ 6 Pierce County Parks and Recreation officials have stated that the section of the Foothills Trail where Lockner was injured was designed and maintained for recreational use. This section is open for recreation between 8:00 AM and 5:00 PM.
¶ 7 Lockner filed a negligence suit against the County and its employee, the lawn mower operator. The County moved for summary judgment, arguing that recreational immunity precluded the claim. The trial court granted the County's motion.
¶ 8 Lockner appealed. The Court of Appeals reversed summary judgment, concluding that pursuant to Camicia , recreational use immunity could not be determined as a matter of law because there was a disputed issue of material fact as to whether the trail was open "solely" for recreational use. Lockner v. Pierce County ,
ANALYSIS
¶ 9 We review a grant of summary judgment de novo. Campbell v. Ticor Title Ins. Co. ,
*531I. Recreational Immunity Applies to Pierce County
¶ 10 Lockner urges us to affirm the Court of Appeals. She contends that the court properly applied Camicia to require land to be used for "solely" recreational purposes to obtain immunity. See Lockner ,
¶ 11 This case concerns aspects of the scope of immunity under RCW 4.24.210. Statutory interpretation is a question of law, which we review de novo. State v. J.P. ,
¶ 12 Washington's recreational immunity provision explains in part that
[e]xcept as otherwise provided ... any public or private landowners, hydroelectric project owners, or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation ... without charging a fee of any kind therefor, shall *250not be liable for unintentional injuries to such users.
RCW 4.24.210 (emphasis added). This provision is meant to encourage landowners to open their land to the public for *532recreation by limiting their liability toward persons injured or damaged by unintentional acts occurring thereon. RCW 4.24.200 ; see also Cregan v. Fourth Mem'l Church ,
¶ 13 To qualify for immunity under RCW 4.24.210, the landowner must establish that the land at issue was (1) open to members of the public (2) for recreational purposes and that (3) no fee was charged. Camicia ,
¶ 14 There is no dispute that the Foothills Trail was open for recreational use without a fee, nor does Lockner dispute that she was a public user. Lockner asserts the only question is whether genuine issues of material fact exist as to whether the trail was open solely for recreational use. But whether "sole" recreational use is required in order for this immunity to apply is a question of law that we review de novo. J.P.,
¶ 15 RCW 4.24.210 explains that any owner who allows the public to use his or her land "for the purposes of outdoor recreation" is free from liability for unintentional injuries sustained on that land. The language of this statute is clear and unambiguous. The provision mentions only outdoor recreation. It does not say that land must be open for "only" recreational purposes. Indeed, it is silent as to whether mixed public uses, that is, recreation and some other public activity, affect immunity. Clearly, mixed public and other uses do not defeat immunity since the legislature amended RCW 4.24.210 to include land used for hydroelectric *533power plants. LAWS OF 2011, ch. 53, § 1 (extending recreational use immunity to "hydroelectric project owners"); see Dep't of Ecology v. Campbell & Gwinn, LLC,
¶ 16 We have previously refused to import a limiting construction based on multiple uses of land into RCW 4.24.210. Interestingly, while Lockner contends immunity cannot apply unless land is used exclusively for recreation, this court heard and rejected the reverse argument in McCarver v. Manson Park and Recreation District ,
¶ 18 We did not construe RCW 4.24.210 as requiring exclusive recreational use to confer immunity; indeed, as explained above, the plain language of the statute does not support such a reading. In light of this plain language, immunity is not extinguished when land is used for other public or private activities in addition to recreation. See RCW 4.24.210 ; McCarver ,
*535("Land which was primarily used for recreational purposes having other incidental uses would certainly apply under [ RCW 4.24.210 ] as well."); Widman v. Johnson ,
¶ 19 Having determined that sole recreational use is not required under RCW 4.24.210, we must now decide whether the Foothills Trail was opened for recreation. Recreational immunity applies to landowners with "lawful possession and control" over land. RCW 4.24.210(1). Lawful possession and control means " 'continuing authority to determine whether the land should be open to the public.' " Camicia ,
¶ 21 Based on this evidence, the County intended to open the Foothills Trail for recreational purposes. Cregan ,
II. RCW 4.24.210 Includes Negligence Actions
¶ 22 The Court of Appeals concluded that RCW 4.24.210 immunizes landowners from negligence actions. Lockner ,
¶ 23 Because recreational use immunity applies to the County, we must examine whether RCW 4.24.210 precludes Lockner's negligence action. Landowners "shall not be liable for unintentional injuries" occurring to public entrants on their land. RCW 4.24.210. The statute does not define "unintentional," thus we "may discern the plain meaning of nontechnical statutory terms from their dictionary definitions." State v. Cooper ,
CONCLUSION
¶ 24 Because neither the plain language of RCW 4.24.210 nor this court's holding in Camicia requires land to be held open for sole recreational use, the Court of Appeals' reversal of summary judgment was improper. The evidence presented demonstrates that the County intended to open the *538Foothills Trail for recreational purposes and no issues of material fact remain. In addition, *253the Court of Appeals properly concluded that recreational use immunity includes negligence actions. Therefore, we reverse the Court of Appeals in part and reinstate summary judgment for the County.
WE CONCUR:
Fairhurst, C.J.
Johnson, J.
Owens, J.
Stephens, J.
Wiggins, J.
Gordon McCloud, J.
Yu, J.
RCW 4.24.210 provides in relevant part that
any public or private landowners, hydroelectric project owners, or others in lawful possession and control of any lands ... who allow members of the public to use them for the purposes of outdoor recreation ... without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.
Amici urge us to consider whether "lawful possession and control" under RCW 4.24.210 requires "continuing authority" to close land to the public. See, e.g. , Br. of Amici Curiae Wash. Ass'n of Mun. Att'ys at 14-18; Br. of Amicus Curiae State of Washington at 12-18. Neither Lockner nor the County asked this court to consider the "authority to close" test, and we did not grant review of this issue. Moreover, it is unnecessary for resolution of the issues properly before the court because the County demonstrated its continuing authority to close the Foothills Trail to the public. Because the authority to close test is not squarely presented, we decline to consider it. We leave resolution of this issue for another day. See State v. Duncan ,
RCW 4.24.210 creates an exception where an injured party may overcome immunity by showing either (1) a fee for the use of the land was charged, (2) the injuries were intentionally inflicted or (3) the injuries were sustained by reason of a known dangerous artificial latent condition for which no warning signs were posted. Jewels v. City of Bellingham ,
Reference
- Full Case Name
- Margie M. LOCKNER v. PIERCE COUNTY and Blair Smith
- Cited By
- 9 cases
- Status
- Published