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CITY OF COLORADO SPRINGS v. POWELL

No. 01SC87.

48 P.3d 561 (2002)

CITY OF COLORADO SPRINGS, a home rule municipality, Petitioner, v. Valerie POWELL, natural parent of decedent, Steven Powell, individually and as next friend and natural parent of James Powell, a minor, Respondent.

Supreme Court of Colorado, En Banc.

June 17, 2002.

Attorney(s) appearing for the Case

Patricia K. Kelly, City Attorney, Colorado Springs, Colorado, Attorney for Petitioner.

Glenn S. Pressman, Melat, Pressman & Higbie, LLP, Colorado Springs, Colorado, Attorneys for Respondent.

Chief Justice MULLARKEY delivered the Opinion of the Court.

This is our first opportunity to examine a provision of the Colorado Governmental Immunity Act (CGIA) that allows suit for injuries resulting from the operation and maintenance of a sanitation facility. This wrongful death and personal injury action arises out of an accident in Colorado Springs where two brothers fell into a drainage ditch. One brother survived with injuries, the other did not.

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