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DANIEL v. CITY OF COLORADO SPRINGS

No. 11CA1772.

328 P.3d 234 (2012)

2012 COA 1772

Marilyn DANIEL, Plaintiff-Appellee, v. CITY OF COLORADO SPRINGS, a Colorado municipal corporation and home rule city, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

October 11, 2012.

Attorney(s) appearing for the Case

Carter Boyle LLC, Nelson Boyle , Denver, Colorado; Lee Rosenbaum and Associates, Lee Rosenbaum , Colorado Springs, Colorado, for Plaintiff-Appellee.

Christopher J. Melcher , City Attorney, W. Erik Lamphere , Assistant City Attorney, Colorado Springs, Colorado, for Defendant-Appellant.

Opinion by Judge GRAHAM.

¶ 1 Defendant, the City of Colorado Springs, brings this interlocutory appeal of the district court's order denying its motion to dismiss, on governmental immunity grounds, the complaint filed by plaintiff, Marilyn Daniel. We reverse and remand with directions to dismiss plaintiff's complaint.

I. Factual and Procedural Background

¶ 2 In her complaint, plaintiff alleged that she was injured when she fell after stepping...

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