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NELSON v. U.S.

No. 14-1322.

827 F.3d 927 (2016)

James NELSON, and Elizabeth Varney, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED June 28, 2016.

Attorney(s) appearing for the Case

Joshua M. Salzman , Attorney, Appellate Staff, Civil Division ( Joyce R. Branda , Assistant Attorney General, John F. Walsh , United States Attorney for the District of Colorado, Beth S. Brinkman , Deputy Assistant Attorney General, and Mark B. Stern , Attorney, Appellate Staff, Civil Division, with him on the briefs), United States Department of Justice, Washington, D.C., for Appellant.

Robert Fishman , Ridley, McGreevy & Winocur ( David P. Hersh , Diane Vaksdal Smith , and Steven G. Greenlee , Burg Simpson Eldredge Hersh & Jardine, P.C., Englewood, Colorado, with him on the brief), Denver, Colorado, for Appellees.

Before TYMKOVICH, Chief Judge, GORSUCH, and McHUGH, Circuit Judges.

James Nelson was seriously injured bike riding when he encountered a sinkhole on a bike path on United States Air Force Academy land. He sued under the Federal Tort Claims Act for damages and was awarded over $7 million. The government contends that it is immune from liability under the Colorado Recreational Use Act, Colo...

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