Rocky Mountain Planned Parenthood, Inc. v. Wagner.
2020 CO 51. No. 19SC251. Premises Liability Act—Predominant Cause—Duty.
June 8, 2020
In this case arising from the 2015 mass shooting at a Planned Parenthood facility in Colorado Springs, the Supreme Court considered two narrow questions: (1) whether plaintiffs introduced sufficient evidence to establish a genuine issue of material fact as to whether the shooter’s conduct was the “predominant cause” of plaintiffs’ injuries such that the facility’s conduct, even if it contributed to such injuries, could not be a substantial factor in causing them; and (2) whether plaintiffs established a genuine issue of material fact as to whether the facility’s parent organization owed them a duty of care.
As to the first question, the Court concluded, without expressing any opinion on the merits of this case, that plaintiffs presented sufficient evidence to establish a genuine issue of material fact as to whether the shooter’s conduct was the predominant cause of their injuries. Thus, the division below correctly determined that summary judgment was inappropriate on this issue.
As to the second question, the Court concluded, as a matter of law, that plaintiffs did not establish that the facility’s parent organization owed them a legal duty. Accordingly, the division correctly affirmed the entry of summary judgment for the parent organization on this claim.
The Court therefore affirmed the judgment of the division below.
Premises Liability Act, Predominant Cause, Duty