The City and County of Denver, Petitioner v. Sean Dennis, as Conservator and on Behalf of Doreen Heyboer, Respondent.

Summary

The court held that Denver retained immunity because the deteriorated roadway did not constitute a dangerous condition under the applicable statutory exception. A road presents an unreasonable risk only when its condition creates a chance of injury, damage, or loss exceeding the bounds of reason, and the roadway here did not meet that standard or physically interfere with traffic. Justice Gabriel, dissenting and joined by Justices Hood and Hart, would have found the evidence sufficient to establish a waiver and allow the claim to proceed.