Sara L. Burnett, Petitioner v. State of Colorado Department of Natural Resources, Division of Parks and Outdoor…

Summary

The court held that the Colorado Governmental Immunity Act retains immunity for injuries caused by native trees originating on unimproved property, even when the injury occurs in an improved campsite. Because the falling limb came from a native cottonwood on unimproved property, the State did not waive immunity, and the court affirmed the judgment dismissing Burnett's claim. The court also overruled the prior two-part test for determining whether a tree is part of a public facility because that test was not grounded in the statutory text.