The Colorado Supreme Court issued its opinion in Young v. Brighton School District 27J on Monday, May 19, 2014.
Governmental Immunity—CRS § 24-10-106(1)(a)–(h).
In this tort case, the Supreme Court held that the Colorado Governmental Immunity Act’s waiver provisions, listed in CRS § 24-10-106(1)(a)–(h), are not mutually exclusive. Rather, each waiver provides an alternative avenue for exposing a public entity to possible tort liability. Thus, the court of appeals erred when it held that the waiver provisions were mutually exclusive and the Court reversed this aspect of the court of appeals’ holding.
The Court also interpreted the Colorado Governmental Immunity Act’s “recreation area waiver,” codified at CRS §24-10-106(1)(e). It held that an injury that occurred on a walkway adjacent to a public school’s playground does not trigger the application of the recreation area waiver, because the walkway at issue did not qualify as a “public facility.” Accordingly, the Court affirmed the court of appeals’ holding that the public school district did not waive its immunity.
Summary and full case available here.