(Download) "Woodsmall V. Regional Transportation District" by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Woodsmall V. Regional Transportation District
- Author : Colorado Supreme Court
- Release Date : January 15, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The plaintiff-appellants, Carol Woodsmall and Hughie Bennett, appeal the district court's dismissal of their personal injury claims against the Regional Transportation District (RTD) due to their failure to comply with the notice provisions of section 24-10-109 of the Colorado Governmental Immunity Act, §§ 24-10-101 to 120, 10A C.R.S. (1988 & 1990 Supp.). In dismissing the case, the district court ruled when subsection (1) of section 24-10-109 was amended in 1986 to state that "compliance" with the notice provisions of the Governmental Immunity Act shall be a jurisdictional prerequisite to any action brought against a public entity, the General Assembly thereby intended to impose a more stringent requirement than the preexisting "substantial compliance" standard and that Woodsmall and Bennett failed to satisfy the more stringent standard. We reverse the judgment of dismissal and remand the case for further proceedings because, in our view, the district court imposed a more stringent standard than was legislatively intended by the 1986 amendment to section 24-10-109.
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