State Ex Rel. Colorado State Claims Board of the Division of Risk Management v. DeFoor

specially concurs:

Except as to Part IV, in which I concur in the result only, I concur in the majority opinion. I write separately to emphasize my belief that the legislature is empowered to place recovery limitations on the statutorily created claim against public entity tort-feasors without violating the claimants’ constitutional guarantee of due process.

After the Colorado Attorney General attempted to deposit the $400,000 maximum amount recoverable under section 24-10-114(l)(b), 10A C.R.S. (1988), with the registry of the district court, the claimants sought summary judgment alleging that…