Jeffrey A. Martinez, Petitioner v. the Estate of Steven Wayne Bleck, by Joanna Churchill, Personal Representative…

Summary

The court held that a public employee's claim of immunity under the Colorado Governmental Immunity Act constitutes a claim of sovereign immunity subject to interlocutory appeal, even when the disputed issue is whether conduct was willful and wanton. It further held that the trial court must resolve all issues bearing on immunity, including factual issues, rather than merely determine whether the complaint adequately pleaded willful and wanton conduct. The court also held that willful and wanton conduct requires more than negligence and must involve conscious disregard of danger, so it reversed and remanded.