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BROCK v. NYLAND

No. 96SC582.

955 P.2d 1037 (1998)

Vernalee BROCK and the Regional Transportation District, Petitioners, v. Travis NYLAND, Respondent.

Supreme Court of Colorado, En Banc.

April 13, 1998.

Attorney(s) appearing for the Case

Regional Transportation District, Roger C. Kane, Rolf G. Asphaug, Denver, for Petitioners.

Benjamin Silva III & Associates, P.C., Robert K. Reimann, Lakewood, for Respondent.

Geoffrey T. Wilson, Denver, for Amicus Curiae Colorado Municipal League.

Brian J. Lampert, Englewood, for Amicus Curiae Colorado Trial Lawyers Association.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Garth C. Lucero, Deputy Attorney General, Timothy R. Arnold, Deputy Attorney General, Civil Litigation Section, Tort Litigation Section, Hall & Evans, L.L.C., Thomas J. Lyons, Denver, for Amici Curiae State of Colorado and Colorado Counties, Inc.

Office of the City Attorney, City of Aurora, Charles H. Richardson, Julia A. Bannon, Aurora, for Amicus Curiae City of Aurora.

Justice SCOTT delivered the Opinion of the Court.

In this case, we must decide whether the filing of notice with the claims department of the Regional Transportation District (RTD) satisfies the statutory requirement that "notice shall be filed with the governing body of the public entity or the attorney representing the public entity" as set forth in section 24-10-109(3), 7 C.R.S. (1997). Relying on the plain language of the statute, we conclude that it does not...

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