Colucci v. TOWN OF VAIL
Colorado Court of Appeals
1Opinion of the Court
Opinion by Chief Judge DAVIDSON.
Plaintiff, Richard Colucci, appeals from the judgment dismissing his personal injury claims against defendant, Town of Vail (town), for lack of subject matter jurisdiction under the Colorado Governmental Immunity Act, sections 24-10-101 to -120, C.R.S.2009 (CGIA). The dispositive issue on appeal is whether the pedestrian overpass on which plaintiff was injured constitutes a “sidewalk” under the CGIA, section 24-10-103(6), C.R.S. 2009, such that the town’s immunity may be waived. We conclude that it does and, therefore, we reverse and remand.
I. Background
The…
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