L.J. v. CARRICATO

Court of Appeals No. 17CA0097.

413 P.3d 1280 (2018)

2018 COA 3

L.J., individually and as surviving parent of D.J.M., deceased, Plaintiff-Appellee, v. Justin CARRICATO, individually and in his capacity as an officer with the City of Colorado Springs Police Department; and the City of Colorado Springs, Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. VII.

Announced January 11, 2018.


Attorney(s) appearing for the Case

Deere Law, LLC, Joshua M. Deere , Colorado Springs, Colorado, for Plaintiff-Appellee.

Wynetta Massey , City Attorney, W. Erik Lamphere , Division Chief, Colorado Springs, Colorado, for Defendants-Appellants.


Opinion by JUDGE FOX

¶ 1 The City of Colorado Springs (City) and Officer Justin Carricato appeal the district court's partial denial of their motion to dismiss for lack of subject matter jurisdiction based upon the Colorado Governmental Immunity Act (CGIA), §§ 24-10-101 to -102, C.R.S. 2017. We reverse the portions of the judgment on the claims against the City, the vicarious liability claim, and the exemplary damages claim. We remand...

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