Tag Archives: Public Street

Marilyn Daniel v. City of Colorado Springs, 2012COA171 (October 11, 2012)

In the movie Philadelphia, Tom Hank’s character first meets his lawyer, Denzel Washington, as Denzel is on the phone with a potential client who wants to sue after stepping into a clearly marked hole in a city street; Denzel suggested he had a case. But, holes in streets are not the same as holes in parking lots. In this case, the trial court concluded the plaintiff could sue for an injury caused by a hole in a public parking lot. The court of appeals disagreed and held a city is immune from suit for injuries occurring in a public parking lot that services a public golf course. Colorado waives governmental immunity for personal injuries, and thus subjects cities to lawsuits for injuries caused by dangerous conditions in any park or recreation area, public streets, or public buildings. A parking lot is none of these, so the city was immune from suit. Plaintiff’s case was dismissed.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1772-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8696&courtid=1

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Filed under Government, Personal Injury, Torts