Henderson v. City & County of Denver

Opinion by

Judge BERNARD.

T1 A street sweeper operated by an employee of defendant, the City and County of Denver, collided with a car driven by plaintiff, Susan A. Henderson. The driver sued the city. She alleged that the street sweeper was a "motor vehicle." Therefore, she argued, the city's immunity was waived under the Colorado Governmental Immunity Act (CGIA).

T2 The city moved to dismiss the driver's claim, arguing that the street sweeper was "mobile machinery," rather than a "motor vehicle." The city contended that this difference meant that the city's immunity was not waived under the…