Nelson v. United States

TYMKOVICH, Chief Judge.

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. Rev. Stat. § 33-41-101 et seq., which limits the liability of landowners who allow the use of their property for recreational purposes. We agree that under the Recreational Use Act Mr. Nelson was a permissive user of the bike path and the Academy is…