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MEDINA v. STATE

No. 00SC747.

35 P.3d 443 (2001)

Jerry MEDINA; Mary Medina; and Terri Hawkins, Petitioners, v. STATE of Colorado; Colorado State Highway Patrol; and State of Colorado Department of Transportation, Respondents.

Supreme Court of Colorado, En Banc.

November 27, 2001.

Attorney(s) appearing for the Case

Miranda & Alonzi, P.C., Christopher A. Miranda, Ronald A. Podboy, Denver, CO, Attorneys for Petitioners Jerry Medina and Mary Medina.

Harding & Associates, P.C., Phil Harding, Jeffrey Pederson, Denver, CO, Attorneys for Petitioner Terri Hawkins.

Ken Salazar, Attorney General, Elizabeth A. Weishaupl, First Assistant Attorney General, Friedrick C. Haines, Assistant Attorney General, Litigation Section, Tort and Complex Litigation Unit, Denver, CO, Attorneys for Respondents.

Justice RICE delivered the Opinion of the Court.

In this case, we clarify the relationship between "maintenance" and "design" under the Colorado Governmental Immunity Act ("CGIA" or "Act"), CGIA § 24-10-101 to -120, 7 C.R.S. (2001), thereby demarcating the scope of the state's duty to maintain a public highway. Plaintiffs, Terri Hawkins and Jerry and Mary Medina, were passengers on a charter bus traveling through Clear...

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