Gallegos v. Phipps

The appellants, Bernie Gallegos and Sandra Gallegos, appeal from a jury verdict finding the defendants not liable for injuries suffered by Bernie Gallegos when he fell down a staircase located on defendants’ property. Specifically, the appellants claim, inter alia, that section 13-21-115, 6A C.R.S. (1987) (actions against landowners), violates the constitutional guarantee to equal protection and is therefore unconstitutional. We agree and accordingly reverse.1

I

On December 28, 1986, appellant Bernie L. Gallegos fell down a flight of stairs at a Georgetown, Colorado, bar and restaurant known as…