Felger v. Larimer County Board of County Commissioners

The plaintiff, Mark Felger, appeals the summary judgment dismissing his claim against the defendants, the Larimer County Board of County Commissioners (Board) and James Black, as the sheriff of Larimer County (Sheriff). Plaintiffs complaint asserted that the defendants were negligent in administering the countys "useful public service" program under § 42-4-1202(4), C.R.S. (1984 Repl. Vol. 17), as a result of which plaintiff suffered personal injuries. The trial court concluded, however, that neither defendant owed any common law duty of due care to plaintiff and that each had properly performed any duty that the statute imposed upon them. We agree that there was no duty owed to plaintiff by the Board. However, we conclude that the Sheriff owed plaintiff a duty of due care, the claimed violation of which presented a genuine question of fact. Thus, we affirm the judgment in part and reverse it in part.