governmental immunity
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Appeals court once again denies immunity to Olathe officer for deadly crash
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Exactly one year after the Colorado Supreme Court found the state’s second-highest court applied the incorrect standard when evaluating a deadly crash involving an Olathe police officer, the Court of Appeals once again determined the officer and the town are not immune from being sued. The Colorado Governmental Immunity Act generally shields government entities and public…
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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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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…