Mostellar v. City of Colorado Springs.

2026 CO 22. No. 24SC761. Governmental Immunity—Public Entities—Personal Injury.

April 13, 2026

The supreme court granted certiorari to consider whether (1) the court of appeals division below erred in reversing the district court’s order denying the City of Colorado Springs’ motion to dismiss, in which the district court had found that the deadline to provide notice under the Colorado Governmental Immunity Act (CGIA) did not begin to run until the City of Manitou Springs informed Mostellar of an intergovernmental agreement that made the City of Colorado Springs potentially liable for her accident; and (2) the CGIA should require strict compliance when such compliance is impossible based on one public entity’s failure to inform the claimant of the potential liability of another public entity.

The court concluded that this case did not implicate a scenario in which strict compliance with the CGIA was impossible or a defendant prevented strict compliance by misleading a plaintiff. Therefore, the court further concluded that under CRS § 24-10-109(1) of the CGIA, the notice period began to run on the date that Mostellar was injured, not on the date that the City of Manitou Springs informed her of the intergovernmental agreement. Accordingly, Mostellar’s notice of claim was untimely, and the division correctly determined that her claim must be dismissed.

The court therefore affirmed the division’s judgment.