Publication Details
Title: County Commissioners Immune from Liability for Motorcyclist's Injuries Caused by Raised Pavement Edge in Colorado Work Zone
Abstract: Plaintiff, Michael Charles Click, appeals the order of the trial court determining that defendant, the Board of County Commissioners of the County of Alamosa (Board), was immune from liability based on governmental immunity.
The pertinent facts are not in dispute. On October 4, 1993, plaintiff was riding his motorcycle on an Alamosa County road. The road was undergoing construction and a section of the road surface had been excavated and filled with gravel in preparation for repaving. The oncoming traffic lane had been resurfaced and a two to three inch edge was present in the center of the road between the old and new road surfaces. Plaintiff, in an apparent attempt to avoid the gravel, struck the edge of the newly laid asphalt, lost control of his motorcycle, and sustained serious injuries.
Plaintiff filed suit against the Colorado Department of Transportation (DOT) and the Board. Both the DOT and the Board moved to dismiss the complaint pursuant to C.R.C.P. 12(b)(1) based on the Colorado Governmental Immunity Act (GIA), § 24-10- 101, et seq., C.R.S. (1988 Repl. Vol. 10A). Thereafter, for unspecified reasons, plaintiff dismissed the DOT as a defendant.
Publisher: TranSafety, Inc.
Source: Road Injury Prevention & Litigation Journal
Publication Date: March, 2000
Full Text URL: Link to URL
