City & Cty. of Denver v. Dennis ex. rel. Heyboer

Citations

• 2018 CO 37
• 418 P.3d 489

Syllabus

Colorado Governmental Immunity Act—Sovereign Immunity. The Supreme Court considered whether the City and County of Denver waived its immunity under the Colorado Governmental Immunity Act (CGIA). After a motorcycle accident, plaintiff sued the City and County of Denver, and alleged that Denver had waived its immunity under the CGIA because the road on which plaintiff was traveling constituted a dangerous condition that physically interfered with the movement of traffic. To prove a dangerous condition, a plaintiff must prove four elements, one of which is that the road constituted an unreasonable risk to the health and safety of the public. The Court defined \unreasonable risk\ in this context as a road condition that creates a chance of injury, damage, or loss that exceeds the bounds of reason. This determination will be fact specific, and in this case, the road did not create an unreasonable risk to the health and safety of the public. Nor did the condition of the road physically interfere with the movement of traffic. The Court reversed the Court of Appeals' judgment.