Nelson v. United States, No. 17-1388 (10th Cir. 2019)Annotate this Case
In 2008, James Nelson was seriously injured while riding his bicycle on United States Air Force Academy land. He and his wife, Elizabeth Varney, sued the Academy under the Federal Tort Claims Act (“FTCA”), seeking damages. The district court ruled in their favor and awarded them approximately $7 million in damages. In a previous appeal, the Tenth Circuit reversed that decision, holding that the Colorado Recreational Use Statute (the “CRUS”) shielded the Academy from liability. But the Court remanded on the issue of whether an exception to the statute’s liability shield applied. On remand, the district court held that an exception did apply, and reinstated its prior judgment. The Academy appealed. Finding no reversible error, the Tenth Circuit affirmed.