Jefferson County, Colorado v. Krista Dozier.

Summary

The court reversed the court of appeals and reinstated dismissal of Dozier's tort claims for lack of subject matter jurisdiction under the Colorado Governmental Immunity Act. It held that when jurisdictional facts are intertwined with the merits, the plaintiff must show a likelihood that the facts establishing immunity waiver exist, including that the public entity's negligent act or omission proximately caused the dangerous condition. Because the County had only a few minutes to respond to the spill and its response was reasonable, Dozier failed to establish a dangerous condition. No separate opinions were issued.