2.Defendants, City of Steamboat Springs, Steamboat SpringsParks and RecreationCommission, and the City of Steamboat Springs Parks, Open Space & RecreationalServices(collectivelyreferred to herein as "defendants")are political subdivisions of theState of Colorado. Through the City of Steamboat Springs Parks, Open Space &Recreation Services department,the City of Steamboat Springs and the SteamboatSprings Parks and Recreation Commission have operational responsibility forHowelsenHill Ski Areain Steamboat Springs, Colorado.3.Plaintiff, as the natural parent and heir at law of Cooper Larsh,brings this claim pursuantto the Colorado Wrongful Death Act, C.R.S. § 13-21-202 and Colorado Ski Safety Act,C.R.S. § 33-44-101,
Cf., Stamp v. Vail Summit Resorts,
172 P.3d 437, 445(Colo.2007)(holding the Ski Safety Act “set[s]forth the governing law concerning ski arealiability,” and“prevails over inconsistent laws or statutes.”)4.Jurisdiction is proper inDistrict Court, a court of general jurisdiction.5.The acts and omissions alleged herein occurred in Routt County, Colorado. Venue is proper in Routt County, Colorado.
6.On July 6, 2011,the plaintiff servedthe defendantswith aNotice Of Claim Under TheColorado GovernmentalImmunity Act("Notice").The Notice strictly complied withC.R.S. §24-10-109,The Notice included arequest pursuant tothe Colorado OpenRecords Act, C.R.S.
24-72-203.A copy of theNotice and the returnsof service byregistered mail areattached as
.7.Plaintiff does not concede the applicabilityof the Governmental Immunity Act ("GIA").Rather, plaintiff contends that the Colorado Ski Safety Act ("SSA") is the sole authorityfor jurisdiction, the claim,and limitation of damages in this case.The SSA provides:"'Ski area operator' means an 'area operator' as defined in section 25-5-702(1),
C.R.S.,[the Colorado Passenger Tramway Safety Act] and any person, partnership, corporation,or other commercial entity having operational responsibility for any ski areas,
includingan agency of this state or a political subdivision thereof
. C.R.S. 33-44-103(7).
8.Notwithstanding our contention of inapplicability of the GIA, plaintiff allowed themandatory 90-day period after service of the Notice to expire. None of the defendantshave denied the claim, and more than 90 days have passed following the filing of theclaim.
The Colorado Passenger Tramway Safety Act ["CPTSBA"] is co-extensive with the SSA. The CPTSBA extendsregulatory jurisdiction over ski areas engaged in the operation of tramways, such as a Poma lift or a chairlift, withthe following definition: “'Area operator'” means a person who owns, manages, or directs the operation andmaintenance of a passenger tramway. 'Area operator'may apply to the state or any political subdivision or instrumentality thereof."C.R.S. §25-5-702(1).