governmental immunity
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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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Grand Junction employees ‘out of luck’ in challenging city’s retiree health plan, appeals court rules
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The immunity granted to government entities under state law bars a class action lawsuit against Grand Junction for the city’s alleged malfeasance in administering a health insurance program for retired employees, Colorado’s second-highest court ruled on Thursday. A trial judge previously found no evidence the city denied health benefits to any eligible retiree, but also…
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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 accepts 2 cases on Jeffco slip-and-fall, landlord-tenant dispute
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The Colorado Supreme Court announced on Monday it will hear multiple cases that address when lawsuits may proceed if people are injured by dangerous conditions on government property, and what relief is available to tenants when the terms of their lease do not comply with state law. At least three of the court’s seven members…
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10th Circuit says Denver officers cannot be held liable for burning down woman’s home
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The federal appeals court based in Colorado concluded on Monday that two Denver police officers cannot be held liable for burning down a woman’s home after they threw a teargas canister, not designed for indoor use, into her house and sparked a fire. A trial judge previously decided it was a jury’s job to say…
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10th Circuit says Denver officers cannot be held liable for burning down woman’s home
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The federal appeals court based in Colorado concluded on Monday that two Denver police officers cannot be held liable for burning down a woman’s home after they threw a teargas canister, not designed for indoor use, into her house and sparked a fire. A trial judge previously decided it was a jury’s job to say…
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Colorado Supreme Court weighs immunity for speeding officer who killed 2
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In July 2018, Officer Justin Hice of Olathe was in pursuit of a speeding car, accelerating to more than 100 mph before he accidentally struck a different vehicle and killed its two occupants. Last year, the state’s Court of Appeals concluded Hice was not shielded from liability under the broad immunity Colorado law provides to…
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Colorado justices hear arguments on Jeffco slip-and-fall, man’s pursuit of bike thief
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Members of the Colorado Supreme Court on Thursday considered whether the state law that broadly shields the government from civil lawsuits applies to upgrades of public parking garages, raising the possibility of cities and counties being increasingly on the hook for personal injury claims in the future. The justices also heard a second case questioning…
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Appeals court rejects Adams County’s argument that sheriff’s office is not a ‘public entity’
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Colorado’s second-highest court last week rejected an argument from Adams County that sheriffs’ offices are not actually “public entities” that, consequently, cannot be held liable for deputies’ motor vehicle collisions. A three-judge panel for the Court of Appeals acknowledged that multiple prior court cases stated as fact that sheriffs’ offices are public entities, but none…
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Colorado appeals court reinstates slip-and-fall lawsuit against Jeffco
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The state’s Court of Appeals last month reinstated a woman’s lawsuit against Jefferson County for allegedly failing to prevent her slip-and-fall inside a county building. The decision in Krista Dozier’s case comes as the Colorado Supreme Court is preparing to hear another appeal involving Jeffco, where a woman injured herself yards away from Dozier’s fall.…
