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ROSALES v. CITY AND COUNTY OF DENVER

No. 02CA2432.

89 P.3d 507 (2004)

Silvia ROSALES, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

February 26, 2004.

Attorney(s) appearing for the Case

Silvern Law Offices, P.C., Thomas A. Bulger, Denver, Colorado, for Plaintiff-Appellee.

Helen Eckardt Raabe, City Attorney, John Eckhardt, Assistant City Attorney, Efrain M. Padro, Assistant City Attorney, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge NIETO.

Defendant, the City and County of Denver, appeals the trial court's order denying its motion to dismiss, on governmental immunity grounds, the complaint brought by plaintiff, Silvia Rosales. We reverse in part and remand with directions.

Plaintiff was injured when a tree branch fell on her while she was picnicking at a City park. Plaintiff alleged that the City had not exercised reasonable care in maintaining the picnic area by failing...

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