A personal injury and negligence lawsuit against the town of Breckenridge has been thrown out of court.
The McManus family, of Breckenridge, claimed the town failed to protect their disabled daughter from a dangerous homeless man when she lived at Pinewood II. Those are town-owned apartments on Airport Road. Family attorneys argued the town was responsible for a “dangerous condition” at the apartments, where they claim the woman was sexually assaulted at least 20 times between 2020 and 2023.
In a ruling Jan. 2, district judge Karen Romeo says Breckenridge is shielded by governmental immunity laws.
“Plaintiff claims that (the daughter’s) injuries resulted from defendant’s alleged negligent failure to provide security services at the property,” Romeo writes in her decision. “Here the undisputed facts do not show that the physical condition of the property was unsafe for public use; rather, (the daughter’s) injuries arose from (the alleged perpetrator’s) intervening acts.”
Colorado towns are rarely liable for assaults on town properties.
There is no active arrest warrant for the homeless man named in the case. The McManus family has a protection order.
The suit against Breck’s property manager, Corum Real Estate, continues. Attorneys are gathering evidence in that one.