CASEY v. CHEIBA TRUST

No. 10CA1188.

310 P.3d 196 (2012)

2012 COA 134

Terence Timothy CASEY, as a representative of a class consisting of pre-6/30/2003 employees of Mesa State College who contributed to the Disability Trust; and Joseph Taylor, as a representative of a class consisting of all post-6/30/2003 employees of Mesa State College who contributed to the Disability Trust, Plaintiffs-Appellees, v. COLORADO HIGHER EDUCATION INSURANCE BENEFITS ALLIANCE TRUST; Adams State College; Auraria Higher Education Center; Colorado School of Mines; Colorado State University at Pueblo; Fort Lewis College; Metropolitan State College of Denver; University of Northern Colorado; Western State College; and the following trustees in their official capacity as trustees of the Colorado Higher Education Insurance Benefits Alliance Trust, Darren Mathews, Ken Nufer, Kim Gailey, Judy Zewe, Marshall Parks, Mike Dougherty, Tracy Rogers, Blaine Nickeson, and Dee Martinez, Defendants-Appellants.

Colorado Court of Appeals, Division VII.

As Modified on Denial of Rehearing September 13, 2012.


Attorney(s) appearing for the Case

John Williams Legal, LLC, John Williams , Grand Junction, Colorado, for Plaintiffs-Appellees.

Hall & Evans, LLC, Thomas J. Lyons , John E. Bolmer, II , Malcolm S. Mead , Denver, Colorado, for Defendants-Appellants.


Opinion by Judge BERNARD.

¶ 1 This appeal requires us to decide whether the claims of employees in a lawsuit against public entities and public employees lie, or could lie, in tort. If so, the claims must be dismissed under the Colorado Governmental Immunity Act (CGIA). If not, the claims may proceed. We conclude that, under the circumstances here, some parts of the employees' claims are barred, but some are not. As a result, we affirm in part, reverse in part...

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