Pedestrian brought personal injury action against city after tripping over a deviation in a city sidewalk.
The District Court denied city’s motion to dismiss for lack of subject matter jurisdiction. City appealed, and the Court of Appeals reversed. The Supreme Court granted certiorari review.
The Supreme Court held that:
- To prove “dangerous condition” element of governmental immunity waiver under the Colorado Governmental Immunity Act (CGIA), a plaintiff must show that the condition created a chance of injury, damage, or loss which exceeded the bounds of reason, and
- Sidewalk deviation did not create a chance of injury, damage, or loss which exceeded the bounds of reason.