Jordan Galef v. University of Colorado

The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion. SUMMARY August 4, 2022 2022COA91 No. 21CA0322, Galef v. University of Colorado — Torts — Personal Injury — Premises Liability; Government — Colorado Governmental Immunity Act — Immunity and Partial Waiver — Dangerous Condition of a Public Building For a slip-and-fall tort claim under the Premises Liability Act against the University of Colorado, a division of the court of appeals considers whether the University has waived its sovereign immunity for a “dangerous condition of any public building” under sections 24-10-103(1.3) and -106(1)(c), C.R.S. 2021, of the Colorado Governmental Immunity Act (CGIA). Specifically, the division considers whether a “dangerous condition” exists when the University fails to post a “wet floor” sign or otherwise warn that a recently mopped dormitory staircase is imperceptibly wet and slippery. The division first concludes that the University’s failure to warn the plaintiff of a hazard it created by mopping can constitute a “dangerous condition,” as it is a “negligent . . . omission . . . [in] maintaining” the dormitory that is not attributable solely to the inadequate design of the staircase. See § 24-10-103(1.3). The division further reasons that this result is not foreclosed by the supreme court’s case law regarding failure-to-warn claims under the CGIA. See, e.g., Medina v. State, 35 P.3d 443 (Colo. 2001). The division then concludes that the imperceptibly wet, slippery stairs — together with the University’s failure to warn of them — “constitute[d] an unreasonable risk to the health or safety of the public” under the definition of “dangerous condition” as it’s been interpreted by the supreme court. § 24-10-103(1.3); see City & Cnty. of Denver v. Dennis, 2018 CO 37. COLORADO COURT OF APPEALS 2022COA91 Court of Appeals No. 21CA0322 Boulder County District Court No. 20CV30831 Honorable Andrew Hartman, Judge Jordan Galef, Plaintiff-Appellant, v. University of Colorado, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE KUHN Lipinsky and Graham*, JJ., concur Announced August 4, 2022 Law Offices of Ross Ziev, P.C., Ross Ziev, Denver, Colorado, for Plaintiff- Appellant Philip J. Weiser, Attorney General, Hermine Kallman, Special Assistant Attorney General, Denver, Colorado, for Defendant-Appellee *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2021. ¶1 In this slip-and-fall personal injury case, plaintiff, Jordan Galef, appeals the trial court’s dismissal of his complaint against defendant, the University of Colorado, under C.R.C.P. 12(b)(1). The court ruled that the University had not waived its immunity for Galef’s Premises Liability Act (PLA) claim under the Colorado Governmental Immunity Act (CGIA). We reverse and remand …

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