Lavonne Robinson, F/k/a Lavonne Bazemore v. Colorado…

Summary

The Colorado Supreme Court held that Robinson's contract, warranty, and unjust-enrichment claims against the Colorado State Lottery were barred by the Colorado Governmental Immunity Act because, although pleaded in contract and equity, the underlying injury arose from the Lottery's alleged misrepresentations that advertised prizes remained available, so the claims lie or could lie in tort. The court reaffirmed that the form of the complaint is not determinative and that courts must assess the nature of the injury and the relief sought case by case. It nevertheless reversed the $52,514 attorney-fee award to the Lottery, holding that section 13-17-201 reaches only dismissed tort actions and not contract claims dismissed under the CGIA, and it exercised its discretion under C.A.R. 1(d) to reach that unpreserved statutory question. No separate opinions were filed.