The conservator of a woman catastrophically injured as a passenger in a motorcycle crash was unsuccessful in a bid to hold accountable a city government for alleged negligent failure to maintain a road, which she claimed was a causal factor in the crash.
The City of Denver, CO, defendant in this action, argued entitlement to government immunity. Plaintiff countered the facts of this case allowed for exception to governmental immunity because the road was in unreasonably dangerous condition, which posed an unreasonable risk to the health and safety of the public. The trial court disagreed, granting summary judgment to the defense. The appellate court reversed, but then the Supreme Court reinstated the trial court’s summary judgment.
Plaintiff hasn’t walked away completely empty-handed, though. She settled her claim against the other driver without litigation and with the operator of the motorcycle prior to trial. This premises liability claim against the city was the only one still pending. Continue reading →