[DOWNLOAD] "Regional Transportation District V. Lopez" by Colorado Supreme Court ~ Book PDF Kindle ePub Free

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eBook details

• Title: Regional Transportation District V. Lopez
• Author : Colorado Supreme Court
• Release Date : January 20, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

We granted certiorari to review Lopez v. Regional Transportation District, 899 P.2d 254 (Colo. App. 1994). Jose Lopez brought this action against the Regional Transportation District (RTD) pursuant to the Colorado Government Immunity Act (CGIA), sections 24-10-101 to -120, 10A C.R.S. (1988 & 1992 Supp.).*fn1 In his complaint, Lopez stated two causes of action against RTD, a negligence claim and a personal injury protection (PIP) claim under the Colorado Auto Accident Reparations Act (No- Fault Act), sections 10-4-701 to -725, 4A C.R.S. (1994 & 1995 Supp.). RTD moved to dismiss Lopez's complaint for lack of subject matter jurisdiction pursuant to C.R.C.P. 12(b)(1) on two grounds: (1) that Lopez had not provided timely notice of his negligence claim under sections 24-10-109(1) & (3), 10A C.R.S. (1988 & 1995 Supp.); and (2) that Lopez commenced his PIP claim prematurely in violation of section 24-10-109(6), 10A C.R.S. (1988).*fn2 The trial court dismissed the action with prejudice for failure to state a claim under the CGIA.*fn3 The court of appeals reversed, holding that Lopez had provided timely notice of his negligence claim and that his PIP claim should not have been dismissed as prematurely filed. We reverse the court of appeals on Lopez's negligence claim and remand that portion of the case to the court of appeals with instructions to send the case back to the trial court for further fact findings consistent with this opinion. We affirm the court of appeals on other grounds that Lopez's PIP claim should not have been dismissed.

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