The STATE of Colorado, By and Through the COLORADO STATE CLAIMS BOARD OF the DIVISION OF RISK MANAGEMENT, Plaintiff-Appellee,
v.
Yvonne E. DeFOOR; Frank Bowen; Margie Bowen; Elinor M. Butenhoff; Urs Frei; Michael Hatton; the Estate of Anna Hayes, Deceased; the Children and Estate of Arlene Johnson, Deceased; Estate of John Killeen, Deceased; Estate of Markus Lang, Herbert Lang, as survivor, heir and personal representative of Markus Lang, and the Estate of Markus Lang, Rita Lang as survivor, heir and personal representative of Markus Lang and the Estate of Markus Lang, and Elfriede Borrillo, as Special Administrator of the Estate of Markus Lang; the Estate of Douglas MacKenzie, Deceased; Suzanne MacKenzie; Michael McGarvey, Nancy McGarvey; Bernadine M. Remmers; Carol J. Smith, Thomas C. Smith, and Meagan N. Smith, a minor; the Estate of Gladys Stewart, Deceased; the Estate of Sol Stewart, Deceased; the Children and Estate of Keith Walters, Deceased; the Children and Estate of Kathleen Walters, Deceased; Horoshi Yoshioka; Mordekhay Fumishika; Mashasiki Nakayma; Mikayo Tajima; and Rodney Alva West; and Clarendon National Insurance Company; San Juan Tours, Inc. d/b/a Gray Line Tours; and all persons or entities suffering, or claiming to suffer, damages resultant from the August 10, 1987, collision between a boulder and a Gray Line Tour Bus on U.S. Highway 40, about seven miles east of Winter Park, Colorado, while the bus was on Berthoud Pass, Defendants-Appellants,
v.
The COLORADO DEPARTMENT OF HIGHWAYS and the Colorado Division of Highways, Phillip Pacheco, Earman Pacheco, Merle Zimmer, Phillip West, Ross Hamilton, Edward Fink, John M. Salazar, R.L. Clevenger, Dwight Bower, Phil McCullough, and Lowell Jackson, Third-Party Defendants and Counter Defendants-Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
February 3, 1992.
Rehearing Denied February 24, 1992.
Attorney(s) appearing for the Case
Sears, Anderson & Swanson, P.C., Leland P. Anderson, Denver, Victoria C. Swanson, P.C., Victoria C. Swanson, Colorado Springs, Pryor, Carney and Johnson, P.C., Thomas L. Roberts, Mark P. Martens, Englewood, Fogel, Keating & Wagner, David Struthers, Aisenberg & Kaplan, H. Paul Himes, Denver, for appellants.
Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Timothy R. Arnold, Deputy Atty. Gen., Gregg E. Kay, First Asst. Atty. Gen., Simon P. Lipstein, Asst. Atty. Gen., Denver, for appellee State of Colorado.
Hall & Evans, David R. Brougham, Denver, for Individual appellees Phillip Pacheco, Earman Pacheco, Merle Zimmer, Phillip West, Ross Hamilton, Edward Fink, John M. Salazar, R.L. Clevenger, Dwight Bower, Phil McCullough, and Lowell Jackson.
The Ass'n of Trial Lawyers of America, Michael C. Maher, President, Washington, D.C., The Colorado Trial Lawyers Ass'n, John Gehlhausen, President, Denver, Vinton, Waller, Slivka & Panasci, Denis H. Mark, Denver, for amici curiae The Ass'n of Trial Lawyers of America (ATLA) and The Colorado Trial Lawyers Ass'n (CTLA).
Miller & McCarren, P.C., J. Kent Miller, Denver, for amicus curiae Colorado Head Injury Foundation, Inc.
Frederic K. Conover, II, Holme Roberts & Owen, Daniel S. Hoffman, Boyd N. Boland, Denver, for amicus curiae Colorado Bar Ass'n.
Eason, Sprague & Wilson, P.C., Eugene M. Sprague, Elizabeth A. McKeever, Denver, for amicus curiae Colorado School Districts Self Insurance Pool.
Griffiths & Tanoue, P.C., Susan K. Griffiths, Tami A. Tanoue, Elizabeth E. Salkind, Denver, Colorado Mun. League, Kathleen E. Haddock, Denver, for amici curiae Colorado Intergovernmental Risk Sharing Agency, Colorado Counties Cas. and Property Pool, Colorado Counties, Inc., Colorado Sp. Districts Property and Liability Pool, Sp. Dist. Ass'n of Colorado, and Colorado Mun. League.
Supreme Court of Colorado, En Banc.
Justice VOLLACK delivered the Opinion of the Court as to Parts I, II, III, and V, and announced the Judgment of the Court as to Part IV.
Claimants appeal from a district court ruling that the Colorado Governmental Immunity Act, §§ 24-10-101 to -120, 10A C.R.S. (1988) (the Act), does not violate claimants' rights to equal protection of laws, access to courts, or due process of laws.1 Claimants also appeal from the district court...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
