v. CSG Redevelopment

Citations

• 2019 COA 91

Syllabus

Martinez was a resident of Casa Loma Apartments, a low-income housing facility. He slipped and fell on a walkway leading to the apartment building and sued CSG Redevelopment Partners, LLLP (CSGR), Casa Loma's management company and the building's owner, under the Premises Liability Act, CRS § 13-21-115, and alternatively, for negligence, alleging that CSGR had allowed snow and ice to accumulate on the walkway. CSGR moved to dismiss the complaint, arguing that it was an \instrumentality\ of the Denver Housing Authority (DHA), a public entity, and thus immune from tort liability under the Colorado Governmental Immunity Act (CGIA). The trial court granted the motion. On appeal, Martinez argued that the district court erred by concluding that CSGR is an instrumentality of DHA. He contended that CSGR's status as a private partnership precludes its treatment as a public entity. The DHA created CSGR and other instrumentalities to finance Casa Loma and other low-income properties. CSGR was made up entirely of public entities when it was founded, and it only became a \private\ partnership when an investor joined as a limited entity. Because of both DHA's extensive control over CSGR and CSGR's public purpose, CSGR is an instrumentality of a public entity within the meaning of the CGIA, and therefore a public entity itself entitled to governmental immunity. Martinez also contended that even if CSGR is a public entity under the CGIA, its immunity was waived because Casa Loma is a \public building open for public business.\ Based on the district court's findings that only residents and staff have key cards to enter the building, no public events take place on the premises, and no public business is conducted there, this exception to governmental immunity in the CGIA doesn't apply. Finally, Martinez contended that the district court erred by not addressing his argument that the recreation area waiver to CIGA immunity applies. Martinez presented no evidence that Casa Loma is a \pu