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ABEYTA v. CITY AND COUNTY OF DENVER

No. 22008.

437 P.2d 67 (1968)

Agripino ABEYTA, Plaintiff in Error, v. CITY AND COUNTY OF DENVER, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 26, 1968.

Attorney(s) appearing for the Case

John S. Carroll, Denver, for plaintiff in error.

Max P. Zall, City Atty., Ty R. Williams, Lee G. Rallis, Asst. City Attys., for defendant in error.

SUTTON, Justice.

Agripino Abeyta filed his tort claim for damages against the City and County of Denver in which he alleged that he was injured while in the police building in the course of being booked following his arrest by two Denver police officers on a drunk disturbance charge. Defendant's Answer asserted both lack of statutory notice of the claim and the defense of sovereign immunity. The trial court subsequently granted the City's Motion for Summary Judgment...

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