Brock v. Nyland

I concur with the Majority, but write separately to explain further my view of the operation of section 24-10-109, 7 C.R.S. (1997).

The application of section 24 — 10-109 has bedeviled the courts for over a decade, both before and after the most recent amendments by the General Assembly. The reason for that struggle is really quite simple: courts must interpret and apply statutes as written, but also must open their doors to the resolution of disputes on the merits whenever possible.

Governmental immunity represents the clearest example of the tension created by that dual obligation. More…