BURNETT v. COLORADO DEPT. OF NAT. RESOURCES

Supreme Court Case No. 13SC306.

346 P.3d 1005 (2015)

2015 CO 19

Sara L. BURNETT, Petitioner v. STATE of Colorado DEPARTMENT OF NATURAL RESOURCES, Division of Parks and Outdoor Recreation, Respondent.

Supreme Court of Colorado.

Rehearing Denied April 27, 2015.


Attorney(s) appearing for the Case

Attorneys for Petitioner: Law Firm of Alan G. Molk, Alan G. Molk , Greenwood Village, Colorado, The Fowler Law Firm, LLC, Timms R. Fowler , Fort Collins, Colorado.

Attorneys for Respondent: Cynthia H. Coffman , Attorney General, Kathleen L. Spalding , Senior Assistant Attorney General, Denver, Colorado.

Attorney for Amicus Curiae Colorado Trial Lawyers Association: Law Offices of John F. Poor, John F. Poor , Denver, Colorado.

En Banc.


¶ 1 In this case, we address whether the government waived its immunity for injuries petitioner Sara Burnett sustained when a tree limb fell on her as she camped below in a designated campsite in Cherry Creek State Park. The answer turns on whether the tree was a "natural condition of ... unimproved...

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