City & Cty. of Denver v. Dennis ex. rel. HeyboerAnnotate this Case
Doreen Heyboer was a passenger on a motorcycle involved in an accident with an automobile in Denver and suffered catastrophic injuries. As a result of her injuries, her conservator sued the City and County of Denver, alleging that the street’s deteriorated condition contributed to the accident. Denver responded by asserting its immunity under the Colorado Governmental Immunity Act (“CGIA”). Heyboer argued Denver waived its immunity because the road was a dangerous condition that physically interfered with the movement of traffic, and thus, her suit fits an express exception found in the CGIA. After review, the Colorado Supreme Court determined her evidence did not establish that the road constituted an unreasonable risk of harm to the health and safety of the public, nor did her evidence establish that the road physically interfered with the movement of traffic. Accordingly, Denver retained its immunity under the CGIA; the Supreme Court reversed the court of appeals which held to the contrary.