The Colorado Supreme Court has dealt a blow to Jefferson County’s attempt to evade legal responsibility in a lawsuit involving a woman‘s injury at a parking garage. The ruling, announced Monday, asserts that the county cannot seek refuge under the state’s Governmental Immunity Act. The decision comes in response to Beverly Stickle’s lawsuit, where she suffered a fall while descending from a walkway to a parking lot at the garage.
Legal Battle Unveiled
In a perplexing turn of events, Jefferson County District Court initially found that the county’s alleged negligence, leading to an optical illusion on the walkway surface, was more tied to maintenance than design. The court highlighted the perilous situation where the walkway and the driving surface, both sharing the same color, created a misleading perception, thus negating the county’s immunity claim.
Jefferson County Must Face Garage Injury Case : Upholding Justice
The county appealed the decision, contending that the color choice was a design decision rather than maintenance. However, the Supreme Court sided with Stickle, emphasizing that the application of the new topping material was primarily for maintenance purposes, aimed at preserving the facility’s integrity against degradation caused by external elements like water and salt.
Jefferson County Must Face Garage Injury Case : Road to Justice
Stickle’s ordeal began when she parked her car at the North Parking Structure of the Jefferson County Courts and Administration Building. Upon returning, she stumbled while stepping down, resulting in a broken arm. Her subsequent legal action, under the Colorado Premises Liability Act, highlighted the inadequacies in the garage’s infrastructure.
What Lies Ahead
With the immunity debate settled, the case is set to proceed, focusing on standard negligence and premises liability claims. Thomas Bulger, Stickle’s legal representative, expressed confidence in pursuing justice now that the immunity hurdle is overcome.
Echoes of Concern
Notably, Stickle’s case is not an isolated incident. Evidence presented suggests similar issues existed prior to her fall, raising questions about the county’s diligence in addressing safety concerns.
Jefferson County Must Face Garage Injury Case : Judicial Verdict
The Supreme Court’s decision was reached with a panel of esteemed justices, including Melissa Hart, Brian Boatright, Monica Márquez, William Hood III, Richard Gabriel, Carlos Samour Jr., and Maria Berkenkotter.
Representation
- Stickle was represented by Thomas Bulger of Silvern & Bulger PC.
- The county was represented by Kimberly Sorrells, Eric Butler, and Rebecca Klymkowsky of the Jefferson County Attorney’s Office.
