Kittinger v. City of Colorado Springs

Opinion by

Judge DAVIDSON.

In this negligence action to recover damages for personal injuries, plaintiff, David Andrew Kittinger, appeals from the summary judgment entered in favor of defendant, the City of Colorado Springs, on the basis of sovereign immunity. We reverse and remand for further proceedings.

According to the amended complaint, in January 1991, plaintiff was injured in the Colorado Springs city auditorium while performing an inspection in the “fourth floor fan room.” At the time he was injured, plaintiff was employed by Environmental Health Engineering, Inc. (EHE), which had been…