Wheeler ex rel. Wheeler v. Baker

The rule adopted by the majority is too stringent when reviewed in light of today’s political and social climate. When the rule announced by the majority was originally promulgated, sovereign immunity still had its full vitality in the law. This situation certainly prevailed when Oliver v. City and County of Denver, 13 Colo.App. 345, 57 P. 729 (1899), was decided.

In late years, however, the doctrine has been seriously eroded, and now, subject to reasonable restrictions as to timely reporting of accidents to the appropriate authority and other statutory restrictions, governmental entities are…