deBoer v. Ute Water Conservancy District

Judge TAUBMAN

dissenting.

Because I would decline to follow Horrell v. City of Aurora, 916 P.2d 8315 (Colo.App.1998) and because I find City & County of Denver v. Gallegos, 916 P.2d 509 (Colo.1996) to be distinguishable, I respectfully dissent.

I. Statutory Interpretation

As the majority acknowledges, the supreme court has definitively held that the waiver provisions of the Governmental Immunity Act (GIA), § 24-10-101, et seq., C.R.S.1999, must be deferentially construed in favor of victims injured as a result of the negligence of a governmental entity. Corsentino v. Cordova, 4 P.8d 1082…