Appeals Court Says City Of Denver Immune To Lawsuit Over Injuries At Red Rocks

DENVER (CBS4) - An appeals court ruled on Thursday that the City and County of Denver is immune to a lawsuit against them over rocks falling on concert-goers at Red Rocks Amphitheatre in 2012.

According to the city, several people filed lawsuits after being injured by falling rocks that were dislodged by trespassers on the upper portion of Creation Rock.

The city moved to dismiss the lawsuits "based upon the provisions of the Colorado Governmental Immunity Act, claiming that the City was immune from the plaintiff's claims that Denver was liable for the dangerous condition of a public facility located in a park or recreation area," according to a statement released on Thursday.

The district court denied the city's motion and the case went to a panel of the Colorado Court of Appeals, which reversed the district court's decision and found that Denver is immune to the lawsuits.

Statement From City Attorney Scott Martinez

"We are pleased the court recognized that Denver's voluntary effort to manage safety at a natural feature like Creation Rock does not transform it into 'improved property' for which routine maintenance is required," he said. "We will continue efforts to mitigate safety hazards while maintaining the natural features of the world's greatest outdoor amphitheater.

"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."