Legal Opinion

Schlitters v. State

Colorado Court of Appeals

Decided December 7, 1989No. 89CA0226PublishedCited by 27 opinions

1Opinion of the Court

Opinion by

Judge JONES.

In this negligence action, plaintiffs, Robert D. and Tamera Schlitters, appeal from a judgment of dismissal entered in favor of defendants, the State of Colorado and the Colorado State Department of Highways. We reverse.

In October 1986, Robert D. Schlitters was driving his car southbound on High way 285. A boulder fell from an adjacent rock slope located within the state’s right of way, onto the highway ahead of him. It rolled downhill in Schlitter’s lane of travel and struck his car with sufficient force to overturn the vehicle.

Plaintiffs filed a complaint seeking…

2Cases cited2 opinions

  1. Stephen v. City and County of DenverSupreme Court of Colorado · 1983
  2. Denver and Rio Grande Western Railroad Co. v. WoodColorado Court of Appeals · 1970

3Cited by27 opinions

  1. Swieckowski Ex Rel. Swieckowski v. City of Fort CollinsSupreme Court of Colorado · 1997
  2. Medina v. StateSupreme Court of Colorado · 2001
  3. State v. MoldovanSupreme Court of Colorado · 1992
  4. Willer v. City of ThorntonSupreme Court of Colorado · 1991
  5. Doe v. High-Tech Institute, Inc.Colorado Court of Appeals · 1998

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