Wheeler Ex Rel. Wheeler v. County of Eagle Ex Rel. County Commissioners

I respectfully dissent.

The trial court granted summary judgment based upon its conclusion that the County had no duty, as a matter of law, “to construct a pedestrian walkway.” The court of appeals affirmed, holding that “a county’s failure to provide a pedestrian walkway along a rural road cannot constitute actionable negligence.” Wheeler v. Baker, 636 P.2d 1326 (Colo.App.1981). The dissent in the court of appeals stated that the rule should be that a governmental entity has a duty “to exercise reasonable care to protect foreseeable plaintiffs from injury and foreseeable damages.” Id. at 1327…