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Operation phantom fury 759th12/3/2023 Of the thirty-four passengers on the bus, nine were killed and twenty-five sustained injuries as a result of the collision. The boulder rolled down onto a roadway and hit a tour bus. He used this vehicle to move a 6.7-ton boulder, pursuant to Department of Highway ditch-clearing policies, on an upper switchback on the west side of Berthoud Pass. On August 10, 1987, Phillip Pacheco was operating a state-owned vehicle. We affirm the district court ruling regarding claimants' constitutional challenges, but remand the § 1983 allegations for further hearings. § 1983 (1988) were insufficient to expose those defendants to liability. Claimants also appeal from the district court's determination that their claims against individual defendants under 42 U.S.C. (1988) (the Act), does not violate claimants' rights to equal protection of laws, access to courts, or due process of laws. Justice VOLLACK delivered the Opinion of the Court as to Parts I, II, III, and V, and announced the Judgment of the Court as to Part IV.Ĭlaimants appeal from a district court ruling that the Colorado Governmental Immunity Act, §§ 24-10-101 to -120, 10A C.R.S. Districts Property and Liability Pool, Sp. and Property Pool, Colorado Counties, Inc., Colorado Sp. Haddock, Denver, for amici curiae Colorado Intergovernmental Risk Sharing Agency, Colorado Counties Cas. McKeever, Denver, for amicus curiae Colorado School Districts Self Insurance Pool. Boland, Denver, for amicus curiae Colorado Bar Ass'n.Įason, Sprague & Wilson, P.C., Eugene M. Conover, II, Holme Roberts & Owen, Daniel S. Kent Miller, Denver, for amicus curiae Colorado Head Injury Foundation, Inc.įrederic K. Mark, Denver, for amici curiae The Ass'n of Trial Lawyers of America (ATLA) and The Colorado Trial Lawyers Ass'n (CTLA). Maher, President, Washington, D.C., The Colorado Trial Lawyers Ass'n, John Gehlhausen, President, Denver, Vinton, Waller, Slivka & Panasci, Denis H. The Ass'n of Trial Lawyers of America, Michael C. Clevenger, Dwight Bower, Phil McCullough, and Lowell Jackson. Brougham, Denver, for Individual appellees Phillip Pacheco, Earman Pacheco, Merle Zimmer, Phillip West, Ross Hamilton, Edward Fink, John M. Gen., Denver, for appellee State of Colorado. Martens, Englewood, Fogel, Keating & Wagner, David Struthers, Aisenberg & Kaplan, H. Swanson, Colorado Springs, Pryor, Carney and Johnson, P.C., Thomas L. *785 Sears, Anderson & Swanson, P.C., Leland P. Clevenger, Dwight Bower, Phil McCullough, and Lowell Jackson, Third-Party Defendants and Counter Defendants-Appellees. The COLORADO DEPARTMENT OF HIGHWAYS and the Colorado Division of Highways, Phillip Pacheco, Earman Pacheco, Merle Zimmer, Phillip West, Ross Hamilton, Edward Fink, John M. Highway 40, about seven miles east of Winter Park, Colorado, while the bus was on Berthoud Pass, Defendants-Appellants, d/b/a Gray Line Tours and all persons or entities suffering, or claiming to suffer, damages resultant from the August 10, 1987, collision between a boulder and a Gray Line Tour Bus on U.S. Smith, a minor the Estate of Gladys Stewart, Deceased the Estate of Sol Stewart, Deceased the Children and Estate of Keith Walters, Deceased the Children and Estate of Kathleen Walters, Deceased Horoshi Yoshioka Mordekhay Fumishika Mashasiki Nakayma Mikayo Tajima and Rodney Alva West and Clarendon National Insurance Company San Juan Tours, Inc. Butenhoff Urs Frei Michael Hatton the Estate of Anna Hayes, Deceased the Children and Estate of Arlene Johnson, Deceased Estate of John Killeen, Deceased Estate of Markus Lang, Herbert Lang, as survivor, heir and personal representative of Markus Lang, and the Estate of Markus Lang, Rita Lang as survivor, heir and personal representative of Markus Lang and the Estate of Markus Lang, and Elfriede Borrillo, as Special Administrator of the Estate of Markus Lang the Estate of Douglas MacKenzie, Deceased Suzanne MacKenzie Michael McGarvey, Nancy McGarvey Bernadine M. DeFOOR Frank Bowen Margie Bowen Elinor M. The STATE of Colorado, By and Through the COLORADO STATE CLAIMS BOARD OF the DIVISION OF RISK MANAGEMENT, Plaintiff-Appellee,
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