Tag Archives: Seat Belt

In Re: Michael Young and Amy Larson et. al. v. Jefferson County Sherriff and Deputy John E. Hodges and Cristian Robinson, 2014CO1 (January 13, 2014)

“Click it or ticket” does not apply to law enforcement when a deputy is transporting a juvenile and does not secure the juvenile’s seat belt. This case’s first interlocutory appeal involved the County’s unsuccessful claim for immunity under the CGIA. On remand, the County then sought immunity under CRS 19-2-508, which provides for immunity for law enforcement officers who, in good faith, transport a juvenile under the direction of the court. The statute creates a presumption of good faith. After a hearing, the trial court determined that by failing to secure the juvenile’s seat belt, the officers acted in bad faith. On review, pursuant to CAR 21, the Court disagreed and held that allegations of negligence alone are not sufficient to overcome the presumption of good faith, and thus the granting of immunity. The case was sent back to the trial court, again.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2013/13SA216.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9216&courtid=2

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Michael Young and Amy Larson et. al. v. Jefferson County Sherriff and Deputy Sheriff John E. Hodges, 2012COA185 (October 25, 2012)

Buckle up! It’s the Law. And that includes buckling up juveniles handcuffed in a sheriff’s transport van that gets into an accident. In this case, the van driver did not secure the handcuffed juveniles with seatbelts, who were tossed around the van during the accident. The juveniles sued for their injuries. The sheriff asserted immunity under the Colorado Governmental Immunity Act (CGIA) claiming that securing passengers was not an activity within the CGIA’s waiver of immunity for the “operation of a motor vehicle.” The court of appeals disagreed. A previous case held that immunity was waived for a passenger who slipped on ice within a public bus. Based on that case, the court found that immunity was waived because securing the juveniles was part of the “operation” of the transport van and failing to do so caused the injuries.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA2193-PD.pdf

 

NOTE: On remand, the trial court denied immunity based on CRS 19-2-508. The Colorado Supreme Court reversed on appeal under CAR 21.

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Filed under Government, Personal Injury, Torts