Commonwealth v. Garibay

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the trial court's immunity determination pursuant to C.R.C.P. 12(b)(1) is reviewed de novo when the court's ruling involves statutory interpretation
• noting that if an operator of an emergency vehicle speeds and endangers life or property, the public entity does not have immunity, but is liable for any claims against the operator
• noting that whether a public entity qualifies for immunity is a question of subject matter jurisdiction and, if the issue is raised before trial, it is properly addressed pursuant to a C.R.C.P. 12(b)(1) motion to dismiss
• “[W]hether the emergency vehicle operator was responding to an actual emergency has no bearing on a court’s determination of whether she endangered life or property.”
• such a consideration may “lead to a de facto abrogation of the immunity” because drivers only need immunity when they cause an accident or damage
• courts should broadly interpret immunity waivers to favor victims

Source: CourtListener parenthetical corpus (CC0).