Legal Opinion

Herrera v. City and County of Denver

Colorado Court of Appeals

Decided November 12, 2009No. 09CA0349PublishedCited by 6 opinions

1Opinion of the Court

Opinion by

Judge TAUBMAN.

Plaintiff, Annette Herrera, appeals the trial court's judgment dismissing her complaint after the court determined a snowplow is not a "motor vehicle" under the Colorado Governmental Immunity Act (CGIA) and therefore sovereign immunity is not waived against defendants, the City and County of Denver and Martin Jacinto. We agree with Herrera's contentions and therefore reverse the trial court's judgment, vacate the order awarding fees, and remand for further proceedings.

I. Background

In 2008, Herrera's vehicle was hit when Jacinto, the driver of a snow removal vehicle for…

2Cases cited18 opinions

  1. Bertrand v. Board of County Commissioners of Park CountySupreme Court of Colorado · 1994
  2. Springer v. City & County of DenverSupreme Court of Colorado · 2000
  3. Swieckowski Ex Rel. Swieckowski v. City of Fort CollinsSupreme Court of Colorado · 1997
  4. Hendricks v. PeopleSupreme Court of Colorado · 2000
  5. Medina v. StateSupreme Court of Colorado · 2001

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3Cited by6 opinions

  1. Gray v. University of Colorado Hospital AuthorityColorado Court of Appeals · 2012
  2. L.J. v. CarricatoColorado Court of Appeals · 2018
  3. Young ex rel D.B. v. Jefferson County SheriffColorado Court of Appeals · 2012
  4. Burnett v. State, Department of Natural Resources, Division of Parks & Outdoor RecreationColorado Court of Appeals · 2013
  5. Henderson v. City & County of DenverColorado Court of Appeals · 2012

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

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