Williams v. State Dep't of Highways, 879 P.2d 490 (Colo. Ct. App. 1994). · Go Syfert
Williams v. State Dep't of Highways, 879 P.2d 490 (Colo. Ct. App. 1994). Cases Citing This Book View Copy Cite
6 citation events (4 in the last 25 years) across 1 distinct court.
Cited for
At page 491 Defining motor vehicle under governmental immunity act4 citing casesapplying dictionary definition to conclude that a dump truck with an attached snowplow blade operated on a public road was a motor vehicle under the Colorado Governmental Immunity Act1 citing court put it this way
  • Henderson v. City & Cnty. of Denver, 2012 COA 152, 300 P.3d 977.published
    In Williams v. State, 879 P.2d 490, 491 (Colo.App.1994) (Williams II), the division then applied the dictionary definition of "motor vehicle" and concluded that a dump truck with an attached snowplow blade was a motor vehicle.
  • Herrera v. City & Cnty. of Denver, 221 P.3d 423 (Colo. Ct. App. 2009).published
    A division of this court determined in Williams v. State Department of Highways, 879 P.2d 490, 491 (Colo.App.1994) *427 (Williams II), that a dump truck with an attached snowplow blade is a motor vehicle for which sovereign immunity is wai…
  • Smith v. State Farm Mut. Auto. Ins. Co., 2017 COA 6, 399 P.3d 771.published
    (applying dictionary definition to conclude that a dump truck with an attached snowplow blade operated on a public road was a motor vehicle under the Colorado Governmental Immunity Act)
  • Kallage v. Alvidrez, 969 P.2d 743 (Colo. Ct. App. 1998).published 2 cites
    See Johnson v. Regional Transportation Department, supra. Therefore, because Alvidrez’s use of the snowplow allegedly allowed the horses to escape from their enclosure, which resulted in Mary Railage’s injuries, we conclude that the trial…
Retrieving the full opinion text from the archive…
Annette M. WILLIAMS
v.
STATE Of Colorado DEPARTMENT OF HIGHWAYS
No. 92CA1710.
Colorado Court of Appeals.
Jul 28, 1994.
Published opinion
879 P.2d 490
1994 Colo. App. LEXIS 212
1994 WL 391406
Cook Lee, P.C., Larry D. Lee, David Levy, Boulder, Colorado; Sanderson Associates, P.C., Michael J. Grills, Louisville, Colorado, for Plaintiff-Appellee Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, George S. Meyer, Assistant Attorney General, Denver, Colorado, for Defendant-Appellant
Briggs, Marquez, Davidson.
Cited by 5 opinions  |  Published

Opinion by

Judge BRIGGS.

Defendant, State of Colorado “’Department of Highways, appealed from a judgment entered on a jury verdict in favor of plaintiff, Annette M. Williams. Defendant contended that, under the definition of “motor vehicle” in § 42-1-102, C.R.S. (1984 Repl. Vol. 17), a snowplow was not a “motor vehicle” within the meaning of § 24-10-106(l)(a), C.R.S. (1988 Repl. Vol. 10A) and that, thus, sovereign immunity had not been waived for the accident in question. Plaintiff on appeal did not challenge the use of the definitions in § 42-1-102 to construe the meaning of “motor vehicle” in the waiver provision of the Governmental Immunity Act, but contended that such an analysis led to the conclusion that the vehicle in question was a motor vehicle” for which sovereign immunity had been waived. We disagreed, and utilizing the definitions in § 42-1-102, reversed the judgment in favor of plaintiff. Williams v. State of Colorado Department of Highways, 874 P.2d 465 (Colo.App.1993).

On petition for certiorari, the Colorado Supreme Court vacated our judgment and remanded the cause to us for reconsideration in light of its recent decision in Bertrand v. Board of County Commissioners, 872 P.2d 223 (Colo.1994). In that decision, the supreme court rejected the use of the definitions in § 42-1-102 in defining “motor vehicle.” The court instead held that, for purposes of the Colorado Governmental Immunity Act, “a ‘motor vehicle’ includes any vehicle on wheels having its own motor and not running on rails or tracks, for use on streets or highways.” Bertrand v. Board of County Commissioners, supra, at 229.

Upon reconsideration using this definition, we find that a dump truck with an attached snowplow blade is a “motor vehicle” for purposes § 24-10-106(l)(a), C.R.S. (1988 Repl. Vol. 10A). Because of this resolution, it is unnecessary to address the other contention which had been raised by defendant.

Accordingly, the judgment in favor of plaintiff is affirmed.

MARQUEZ and DAVIDSON, JJ., concur.