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TITAN INDEM. CO. v. SCHOOL DIST. NO. 1

No. 04CA1401.

129 P.3d 1075 (2005)

TITAN INDEMNITY COMPANY, a Texas corporation, as subrogee of Sheron Walker, Corey Hodge, and Linda Armstrong, Plaintiff-Appellant, v. SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER, d/b/a Denver Public Schools, Defendant-Appellee.

Colorado Court of Appeals, Division V.

December 1, 2005.

Attorney(s) appearing for the Case

Burg Simpson Eldredge Hersh & Jardine, P.C., Diane Vaksdal Smith, Kieth Van Doren, Englewood, Colorado, for Plaintiff-Appellant.

Senter Goldfarb & Rice, L.L.C., Sonja S. McKenzie, Angela D. DeVine, Denver, Colorado, for Defendant-Appellee.

GRAHAM, J.

In this action for reimbursement of personal injury protection (PIP) benefits under the former Auto Accident Reparations Act, § 10-4-701, et seq. (repealed July 1, 2003) (No-Fault Act), plaintiff, Titan Indemnity Company, appeals from the trial court's order dismissing its complaint against defendant, Denver Public School District No. 1 (district). We reverse and remand.

A disabled district school bus, being pushed by a tow truck owned by the...

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