Denver does not have to pay damages to four concertgoers injured by falling rocks at Red Rocks in 2011, the Colorado Court of Appeals ruled Thursday.
Creation Rock, from which chunks fell and injured seven, is not a “public facility,” and the city is not responsible for accidents related to it, the court found. The ruling reversed the trial court’s decision, which ruled in favor of the plaintiffs who had sued.
The decision relied heavily on a recent state Supreme Court decision that ruled the state could not be held responsible for injuries suffered by a woman when a branch fell on her at a state park campsite. That case overruled the precedent to hold the city of Denver responsible. The appeals court found the tree is equivalent to the rock walls.
“Because plaintiffs’ argument is rooted in case law that has been overruled, we must reject their conclusion that Creation Rock is part of the amphitheater and is a public facility,” wrote Judge Anthony Navarro for the appeals court.
“We are sympathetic to the plaintiffs’ concerns, and we do not discount the severe nature of their injuries,” Navarro wrote in his unanimous opinion for the three-judge panel.
“The court’s ruling ensures the public — whether attending a concert, working out or just visiting — will continue to enjoy the same level of access to a treasured city asset,” said Denver City Attorney Scott Martinez in a statement.
which occurred in 2011. Each plaintiff stood to receive up to $150,000 from the city if the court ruled in their favor.
