HomeMy WebLinkAbout2017CV30903 - ILSE WESTPHAL V. CITY OF FORT COLLINS, ET AL - 026C - ATTACHMENT C TO PROPOSED CASE MANAGEMENT ORDERIsle G. Westphal v. Anthony Jansa, et al.
2017CV30903
Attachment C to Proposed Preliminary Case Management Order
The City of Fort Collins is a governmental entity entitled to immunity
pursuant to C.R.S. 24-10-106 (“CGIA”) and interpreting case law, the City has not
waived immunity, and therefore should be dismissed. Beyond that, the City denies
negligence or wrongdoing. The City had no actual or constructive knowledge of a
dangerous condition and did not fail to take reasonable precautions to guard
against a dangerous condition, if any. The City maintains that this accident was
caused by the negligence or fault of parties not within its control or its right to
control. Specifically, Plaintiff was contributory negligent, which may eliminate or
proportionately reduce her recovery. Defendant Jansa may also be comparatively
negligent, which would eliminate or proportionately reduce the liability of the City,
if any. From a damages perspective, it appears that Plaintiff’s injuries are
relatively significant. However, the City is not in possession of medical records or
medical bills at the time of this filing. The City will need to engage in further
analysis, investigation and discovery of damages to determine the extent, severity
and permanency of her condition and injuries, particularly if she alleges a brain
injury. Nonetheless, any recovery against the City, assuming there is one, would
be statutorily capped by the CGIA.
DATE FILED: January 29, 2018 9:03 AM
FILING ID: DFB94DA1615F8
CASE NUMBER: 2017CV30903