Mason v. Adams

Opinion by

Judge BRIGGS.

Defendant, State of Colorado, appeals the order of the trial court denying its motion to dismiss, pursuant to the Governmental Immunity Act, the negligence claim filed by plaintiffs, Lloyd D. Mason and Walter Bel-cher. We reverse and remand for further findings.

Defendant, Nancy Bowen Adams, lost control of her car as she was attempting to pass plaintiffs’ truck on a state highway. The car struck the truck, resulting in injuries to plaintiffs. The day before, the State, through the Department of Transportation’s highway operations and maintenance division, had repaired…