Blue v. Boss

After an automobile accident that involved a vehicle driven by defendant Elvin E. Boss, an employee of the State of Colorado, plaintiff, Jean M. Blue, sent, by regular mail, a notice of claim to the attorney general pursuant to the Governmental Immunity Act, ? 24-10-109, C.R.S. (1988 Repl. Vol. 10A). On the ground that the notice had not been sent by registered mail, the trial court entered summary judgment in favor of Boss and dismissed plaintiffs complaint. The single issue raised in plaintiffs appeal is the trial courts determination that failure to mail the notice of claim by registered mail bars plaintiffs action. We reverse.