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

Summary

The court held that the evidence did not establish either a dangerous condition creating an unreasonable risk to public safety or a physical interference with traffic, so Denver retained governmental immunity under the CGIA. It defined an unreasonable risk as a road condition creating a chance of injury, damage, or loss exceeding the bounds of reason, and concluded that the cracked and rutted road did not meet that standard or impede traffic. The court reversed the court of appeals and remanded for further proceedings. Justice Gabriel, joined by Justices Hood and Hart, dissented, concluding that the evidence was sufficient to establish both an unreasonable risk and physical interference with traffic.