(1) It is the intent of this article to cover all actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant. No public entity shall be liable for such actions except as provided in this article, and no public employee shall be liable for injuries arising out of an act or omission occurring during the performance of his or her duties and within the scope of his or her employment, unless such act or omission was willful and wanton, except as provided in this article. Nothing in this section shall be construed to allow any action which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant to be brought against a public employee except in compliance with the requirements of this article.
(2) (a) A reference in this article to an injury, claim, or action that "lies in tort or could lie in tort" shall be construed in all cases to include, in addition to a direct claim or action, a claim or action asserted by way of assignment or subrogation to recover from a public entity or public employee the amount paid on a damages claim or the amount that may become payable on a damages claim because of the occurrence of an injury, as defined in section 24-10-103 (2).
(b) In any case in which an assignee or subrogee asserts an injury governed by this article:
(I) The injury shall not be deemed to be separate from the injury suffered by the assignor or subrogor; and
(II) Pursuant to section 24-10-114 (1.5), the assignment or subrogation concerning the injury shall not be deemed to be a separate occurrence with regard to limitations on judgments.
Source: L. 71: p. 1206, § 1. C.R.S. 1963: § 130-11-5. L. 85, 1st Ex. Sess.: Entire section amended, p. 9, § 4, effective September 27. L. 86: Entire section amended, p. 875, § 4, effective July 1. L. 2006: Entire section amended, p. 455, § 2, effective April 18. Cross references: For the legislative declaration contained in the 2006 act amending this section, see section 1 of chapter 132, Session Laws of Colorado 2006.
Notes of Decisions
Springer v. City & Cnty. of Denver, 13 P.3d 794 (Colo. 2000).
· cites it 5× “" The City first cites section 24-10-105. That section provides, in pertinent part: No public entity shall be liable for such actions [that lie or could le in tort] except as provided in this article, and no public employee shall be liable for injuries arising out of an act or…”
City & Cnty. of Denver v. Desert Truck Sales, Inc., 837 P.2d 759 (Colo. 1992).
· cites it 6× “Section 24-10-105 provides: It is the intent of this article to cover all actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief *765 chosen by the claimant.”
Morrison v. City of Aurora, 745 P.2d 1042 (Colo. Ct. App. 1987).
· cites it 10× “The Immunity Act states that, except as provided by the Act, a public entity shall not be liable for “all actions which lie in or could lie in tort regardless of whether that may be the type of action chosen by the claimant_” Section 24-10-105, C.R.S. (1982 RepLVol. 10).”
Colorado Dep't of Transp. v. Brown Grp. Retail, Inc., 182 P.3d 687 (Colo. 2008).
· cites it 4× “2 By adding the words, "or the form of relief" to the description of covered actions in section 24-10-105, it created the formula, "which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant," which it…”
State Pers. Bd. v. Lloyd, 752 P.2d 559 (Colo. 1988).
· cites it 6× “) Section 24-10-105 states that "[i]t is the intent of this article to cover all actions which lie in or could lie in tort regardless of whether that may be the type of action chosen by the claimant.”
Stump v. Gates, 777 F. Supp. 808 (D. Colo. 1991).
· cites it 4× “Colo.Rev.Stat. § 24-10-106(1). The Act provides six exceptions to immunity for particular types of tort claims, but none of them apply here.”
Bresciani v. Haragan, 968 P.2d 153 (Colo. Ct. App. 1998).
· cites it 7× “Section 24-10-105 provides, simply, that no public employee shall be liable for injuries arising out of an act or omission during the performance and within the scope of his duties, except as otherwise provided in the GIA, " unless such act was willful and wanton.”
City of Lakewood v. Brace, 919 P.2d 231 (Colo. 1996).
· cites it 3× “18 § 24-10-105,10A C.R.S. (1988). The CGIA expressly provides that an employee loses that qualified immunity if the employee’s act was “willful and wanton.”
King v. United States, 53 F. Supp. 2d 1056 (D. Colo. 1999).
· cites it 6× “Section 24-10-105, C.R.S. The language concerning waiver of immunity for willful and wanton acts or omissions follows the second clause of the statute referring to a public employee’s liability.”
— Colo. Rev. Stat. § 24-10-105(1) — 10 cases
— Colo. Rev. Stat. § 24-10-105(2) — 1 case
Colorado Dep't of Transp. v. Brown Grp. Retail, Inc., 182 P.3d 687 (Colo. 2008).
“2 By adding the words, "or the form of relief" to the description of covered actions in section 24-10-105, it created the formula, "which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant," which it…”
— Colo. Rev. Stat. § 24-10-105(C) — 1 case
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