Supreme Court of Colorado
Erin A. Young
May 19, 2014325 P.3d 571
Summary
The court held that the Colorado Governmental Immunity Act's waiver provisions are alternative and nonexclusive, so a court may consider more than one waiver arising from the same facts. It nevertheless concluded that the walkway where the child was injured was neither itself a public facility nor a component of the adjacent playground facility, so the recreation-area waiver did not apply and the school district retained immunity. Justice Coats, joined by Justice Eid, concurred in the judgment but rejected the majority's interpretation of public facility and would have resolved the case based on the absence of a qualifying public recreation area.