March 20, 2019

Colorado Court of Appeals: Walkway Qualifies as “Public Roadway,” Not Sidewalk, Even if Private Vehicles Not Permitted to Drive On

The Colorado Court of Appeals issued its opinion in Trujillo v. Regional Transportation Dist. on Thursday, December 28, 2018.

Government — Colorado Governmental Immunity Act — Immunity and Partial Waiver

In this governmental immunity case, the key issue is whether a certain walkway is a “sidewalk” as described in section 24-10- 103(6), C.R.S. 2018, which would exempt the Regional Transportation District from the Colorado Governmental Immunity Act’s immunity provisions. Under that statute, sidewalk is defined as “that portion of a public roadway between the curb lines or the lateral lines of the traveled portion and the adjacent property lines which is constructed, designed, maintained, and intended for the use of pedestrians.” § 24-10-103(6). Thus, the court must determine whether the road adjacent to the walkway is a “public roadway.” A division of the court of appeals concludes that a road qualifies as a “public roadway” as that term is used in section 24-10-103(6) where, even though private vehicles are not permitted to drive thereon, its purpose is for transporting the general public via public buses.

Summary provided courtesy of Colorado Lawyer.

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