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HERRERA v. CITY AND COUNTY OF DENVER

No. 09CA0349.

221 P.3d 423 (2009)

Annette HERRERA, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER and Martin Jacinto, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

November 12, 2009.

Attorney(s) appearing for the Case

The Kaudy Law Firm, LLC, Richard M. Kaudy, Nicole A. Spezia, Denver, Colorado, for Plaintiff-Appellant.

David R. Fine, City Attorney, Jason A. Kramer, Assistant City Attorney, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge TAUBMAN.

Plaintiff, Annette Herrera, appeals the trial court's judgment dismissing her complaint after the court determined a snowplow is not a "motor vehicle" under the Colorado Governmental Immunity Act (CGIA) and therefore sovereign immunity is not waived against defendants, the City and County of Denver and Martin Jacinto. We agree with Herrera's contentions and therefore reverse the trial court's judgment, vacate the order awarding fees, and...

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