Legal Opinion

Rosales v. City and County of Denver

Colorado Court of Appeals

Decided February 26, 2004No. 02CA2432PublishedCited by 9 opinions

1Opinion of the Court

Opinion by

Judge NIETO.

Defendant, the City and County of Denver, appeals the trial court’s order denying its motion to dismiss, on governmental immunity grounds, the complaint brought by plaintiff, Silvia Rosales. We reverse in part and remand with directions.

Plaintiff was injured when a tree branch fell on her while she was picnicking at a City park. Plaintiff alleged that the City had not exercised reasonable care in maintaining the picnic area by failing to inspect and properly prune the tree and by placing picnic tables, benches, and other similar structures underneath the tree. Plaintiff…

2Cases cited10 opinions

  1. Fogg v. MacAlusoSupreme Court of Colorado · 1995
  2. Springer v. City & County of DenverSupreme Court of Colorado · 2000
  3. Pierson v. Black Canyon Aggregates, Inc.Supreme Court of Colorado · 2002
  4. State v. MoldovanSupreme Court of Colorado · 1992
  5. City & County of Denver Ex Rel. Board of Water Commissioners v. GallegosSupreme Court of Colorado · 1996

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Burnett v. Colorado Dep't of Natural Resources, Div. of Parks and Outdoor RecreationSupreme Court of Colorado · 2015
  2. Anderson v. Hyland Hills Park & Recreation DistrictColorado Court of Appeals · 2004
  3. Burnett v. State, Department of Natural Resources, Division of Parks & Outdoor RecreationColorado Court of Appeals · 2013
  4. Henisse v. First Transit, Inc.Colorado Court of Appeals · 2009
  5. Loveland ex rel. Loveland v. St. Vrain Valley School District Re-1JColorado Court of Appeals · 2012

4 more not listed; retrieve them via the Exa API.

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