The City and County of Denver, Petitioner v. Sean Dennis, as Conservator and on Behalf of Doreen — Gabriel, J…

Summary

Justice Gabriel's dissent agrees that failure to maintain a road in its original condition does not itself establish an unreasonable risk, but would find that the plaintiff presented sufficient evidence that the road's severe ruts created an unreasonable risk and physically interfered with traffic. The dissent would therefore reverse the dismissal of the claims on sovereign-immunity grounds and allow them to proceed. Justices Hood and Hart joined the dissent.