Powell v. City of Colorado Springs, No. 99CA1403.
| Docket Nº | No. 99CA1403. |
| Citation | 25 P.3d 1266 |
| Case Date | December 21, 2000 |
| Court | Court of Appeals of Colorado |
25 P.3d 1266
Valerie POWELL, natural parent of decedent Steven Powell, individually and as next friend and natural parent of James Powell, a minor, Plaintiff-Appellee,v.
The CITY OF COLORADO SPRINGS, Colorado, Defendant-Appellant
No. 99CA1403.
Colorado Court of Appeals, Div. III.
December 21, 2000.
Certiorari Granted July 2, 2001.
Patricia K. Kelly, City Attorney, Shane M. White, Senior City Attorney, Colorado Springs, CO, for Defendant-Appellant.
Opinion by Judge KAPELKE.
In this wrongful death action, defendant, the City of Colorado Springs, appeals from the trial court's order denying on governmental immunity grounds its motion to dismiss the complaint brought by plaintiff, Valerie Powell, individually and as natural parent of Steven Powell, deceased, and as next friend and natural parent of James Powell, a minor. We affirm.
Steven Powell, who was then five years old, died when he fell into a drainage ditch that was owned and operated by the city. He was the minor child of plaintiff, Valerie Powell. Steven's brother, James Powell, allegedly also fell into the ditch and suffered injuries.
Plaintiff brought this action against the city and the owner of the property adjoining the drainage ditch, alleging that the ditch was part of a storm water drainage system owned and maintained by the city and that certain features of the area surrounding the ditch created a dangerous condition. As relevant to this appeal, plaintiffs asserted that the city negligently breached: 1) its duty to maintain the drainage ditch in a safe condition and to deter entry; and 2) its duty to provide for safe egress from the ditch.
The city moved to dismiss plaintiff's complaint or, alternatively, for summary judgment, arguing that plaintiff failed to establish that the city's immunity from suit had been waived under the Colorado Governmental Immunity Act (GIA), § 24-10-101, et seq., C.R.S.2000. Further, the city argued that a dangerous condition did not exist because the alleged deficiencies arose solely from the design of the drainage ditch. The city also asserted that the alleged injuries did not result from the city's negligent failure to operate and maintain the drainage ditch.
In response, plaintiff argued that the city's waiver of immunity for maintenance and operation of a water drainage system did not require the existence of a "dangerous condition." Plaintiff also claimed to have established that the city negligently operated and maintained its storm water drainage system. In this regard, plaintiff relied on deposition testimony that a strand of barbed wire in front of the ditch had been torn down and that the area immediately adjacent to the ditch, which was within the city's drainage easement,...
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Medina v. State, No. 00SC747.
...a state of disrepair thereby enabling a cow to run onto the highway and injure the plaintiff); cf., e.g, Powell v. City of Colo. Springs, 25 P.3d 1266, 1268 (Colo.App.2000) ("[T]he failure to keep a facility free of obstacles even if such obstacles were not part of the original design ......
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City of Colorado Springs v. Powell, No. 05SC743.
...These rulings were affirmed on interlocutory appeal by the court of appeals and again by this court. Powell v. City of Colorado Springs, 25 P.3d 1266 (Colo.App.2000), aff'd City of Colorado Springs v. Powell, 48 P.3d 561 (Colo.2002) ("Powell I"); Henry-Hobbs v. City of Longmont, 2......
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City of Colorado Springs v. Powell, No. 01SC87.
...waiver, the court determined that further discovery was required. The court of appeals affirmed. Powell v. City of Colorado Springs, 25 P.3d 1266 (Colo. App.2000). In a published opinion, the court noted that the "city's negligent failure to maintain the area surrounding the drainage d......
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Powell v. City of Colorado Springs, No. 03CA2030.
...area surrounding the drainage ditch may have contributed to Steven's death and James' injuries." Powell v. City of Colorado Springs, 25 P.3d 1266, 1268 (Colo.App.2000)(Powell I). The division concluded that this allegation was sufficient to overcome the City's claim of immunity. Under ......
-
Medina v. State, No. 00SC747.
...a state of disrepair thereby enabling a cow to run onto the highway and injure the plaintiff); cf., e.g, Powell v. City of Colo. Springs, 25 P.3d 1266, 1268 (Colo.App.2000) ("[T]he failure to keep a facility free of obstacles even if such obstacles were not part of the original design — may......
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City of Colorado Springs v. Powell, No. 05SC743.
...These rulings were affirmed on interlocutory appeal by the court of appeals and again by this court. Powell v. City of Colorado Springs, 25 P.3d 1266 (Colo.App.2000), aff'd City of Colorado Springs v. Powell, 48 P.3d 561 (Colo.2002) ("Powell I"); Henry-Hobbs v. City of Longmont, 26 P.3d 533......
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City of Colorado Springs v. Powell, No. 01SC87.
...waiver, the court determined that further discovery was required. The court of appeals affirmed. Powell v. City of Colorado Springs, 25 P.3d 1266 (Colo. App.2000). In a published opinion, the court noted that the "city's negligent failure to maintain the area surrounding the drainage ditch ......
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Powell v. City of Colorado Springs, No. 03CA2030.
...the area surrounding the drainage ditch may have contributed to Steven's death and James' injuries." Powell v. City of Colorado Springs, 25 P.3d 1266, 1268 (Colo.App.2000)(Powell I). The division concluded that this allegation was sufficient to overcome the City's claim of immunity. Under t......