cgia
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Appeals court eases path for injured plaintiffs to appeal unsuccessful claims against government
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Colorado’s second-highest court on Thursday clarified that injured plaintiffs have the same opportunity as the government to appeal a judge’s order whenever the claims implicate the immunity afforded to public entities under state law. The Colorado Governmental Immunity Act broadly shields government entities and employees from lawsuits. There are exceptions, including for emergency vehicle operators…
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10th Circuit dismisses trip-and-fall lawsuit against DIA
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The Colorado-based federal appeals court dismissed a woman’s lawsuit against Denver last month, which attempted to hold the city liable for her trip-and-fall on a floor mat in the security screening area of Denver International Airport. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed Ana Guardado of Los Angeles…
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Colorado justices say plaintiffs must show ‘likelihood’ of negligence in suing government for injuries
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The Colorado Supreme Court ruled on Monday that plaintiffs suing the government for injuries caused by a dangerous condition in a public building must demonstrate at the outset they can likely succeed in proving the government’s negligence. In doing so, the justices rejected the Court of Appeals’ belief that it was not necessary for a…
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Kiowa County deputy may be sued over fatal vehicle collision, federal judge rules
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A federal judge ruled on Tuesday that a Kiowa County deputy and the sheriff’s office may be sued for a fatal vehicle collision because of alleged violations of state law, although the parties dispute whose actions caused the accident. The Colorado Governmental Immunity Act generally shields government entities and public employees from being sued for their actions, but…
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Colorado justices consider how much evidence is necessary when suing the government for injuries
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The Colorado Governmental Immunity Act broadly shields public employees and entities for injuries they cause, with a goal of protecting taxpayer dollars and preventing disruption to government services. However, there are exceptions to the immunity, one of which involves injuries due to the “dangerous condition” of a public building. To get into court, a plaintiff needs…
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Colorado Springs not liable for collision resulting from inoperative traffic light, appeals court says
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Colorado’s second-highest court ruled last month that the city of Colorado Springs cannot be held liable for a vehicle crash in which traffic lights were functioning normally in one direction and were inoperative in the perpendicular direction. The Colorado Governmental Immunity Act, with limited exceptions, shields public entities from lawsuits over injuries they cause. Its…
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Appeals judge suggests revising governmental immunity law in response to Manitou Springs’ ‘hide-the-ball’ conduct
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A member of the state’s second-highest court has suggested lawmakers revise Colorado’s governmental immunity law to prevent public entities from torpedoing lawsuits by withholding the identity of the actual party responsible for an injury. Last week, a three-judge panel for the Court of Appeals agreed Jaimi J. Mostellar’s lawsuit against Colorado Springs must be dismissed…
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Colorado Supreme Court shoots down condo association’s lawsuit against Aspen for construction defects
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The Colorado Supreme Court clarified on Monday that litigants may not use a judicial doctrine focused on breaches of contract to sue municipalities for negligently constructed housing, effectively sidestepping the broad immunity state law provides to government entities. The Colorado Governmental Immunity Act, with limited exceptions, shields public entities from lawsuits over injuries they cause.…
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Colorado Supreme Court walks back ruling denying immunity to speeding officer who killed 2
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The Colorado Supreme Court on Tuesday walked back a ruling by the state’s second-highest court that broadened first responders’ liability for injuries, instead concluding emergency vehicle operators need not activate their lights and sirens during the entirety of a pursuit in order to keep their immunity from lawsuits. After an Olathe police officer, traveling in…
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Colorado justices agree Jeffco not immune from parking garage slip-and-fall suit
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The Colorado Supreme Court agreed on Monday that a parking garage owned by Jefferson County qualified as a “public building” and a resurfacing project that created a hazard amounted to “maintenance,” which, in combination, meant the county is not immune from liability for a woman’s slip-and-fall. The case implicated the Colorado Governmental Immunity Act, which…
