City & County of Denver Ex Rel. Board of Water Commissioners v. Gallegos

We granted certiorari to review the court of appeals’ decision in Gallegos v. City and County of Denver, 894 P.2d 14 (Colo.App.1994). In reversing the trial court’s judgment, the court of appeals broadly interpreted the term “public water facility,” as set forth in the Governmental Immunity Act, §§ 24-10-101 to -120, 10A C.R.S. (1988 & 1995 Supp.) (the GIA), to include private property. We reverse the court of appeals and remand to the court of appeals with directions to reinstate the judgment for the City and County of Denver notwithstanding the jury verdict.

I

On May 7, 1991, Troy Gallegos…