Legal Opinion
Burnett v. Colorado Dep't of Natural Resources, Div. of Parks and Outdoor Recreation
Supreme Court of Colorado
Decided March 23, 2015No. Supreme Court Case 13SC306PublishedCited by 17 opinions
1Opinion of the CourtJustice Hood
{1 In this case, we address whether the government waived its immunity for injuries petitioner Sara Burnett sustained when a tree limb fell on her as she camped below in a designated campsite in Cherry Creek State Park. The answer turns on whether the tree was a "natural condition of ... unimproved property" under section 24-10-106(1)(e), C.R.S. (2014), of the Colorado Governmental Immunity Act ("CGIA"). If so, the government is immune from Burnett's lawsuit.
{2 We hold that a "natural condition of any unimproved property" includes native trees originating on unimproved property. Because a…
2Cases cited17 opinions
- Corsentino v. CordovaSupreme Court of Colorado · 2000
- Medina v. StateSupreme Court of Colorado · 2001
- People v. CrossSupreme Court of Colorado · 2006
- State v. MoldovanSupreme Court of Colorado · 1992
- Proffitt v. StateSupreme Court of Colorado · 1971
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Patricia Marek v. Hecla, LimitedIdaho Supreme Court · 2016
- Nelson v. United StatesCourt of Appeals for the Tenth Circuit · 2019
- L.J. v. CarricatoColorado Court of Appeals · 2018
- Tallman Gulch Metropolitan District v. Natureview Development, LLCColorado Court of Appeals · 2017
- v. RaiderColorado Court of Appeals · 2021
12 more not listed; retrieve them via the Exa API.