Williams v. State Department of Highways

Judge MARQUEZ

dissenting.

The majority holds that a dump truck with an attached snowblade, when being used as a snowplow, is not a motor vehicle for purposes of the waiver provision of § 24-10-106(l)(a), C.R.S. (1988 Repl.Vol. 10A), the Governmental Immunity Act. I disagree and, therefore, respectfully dissent.

Our supreme court has held that one of the basic purposes of the Governmental Immunity Act is to permit a person to seek redress for personal injuries caused by a public entity. State v. Moldovan, 842 P.2d 220 (Colo.1992). Accordingly, the state’s immunity created by the Act (but not the…