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Titan Indemnity Co. v. School District No. 1 in the City and County of Denver12/1/2005
veling down a highway, the combined vehicle is perceived by others as one vehicle because the combined vehicle accelerates, turns, and slows down as one unit." Grabler v. Allen, supra, 109 P.3d at 1050. Thus, the division in Grabler determined that an attached trailer became a motor vehicle for purposes of the GIA. Here, in contrast to the facts in Grabler, there is nothing in the record to support the notion that the two vehicles turned as a unit and became one single motor vehicle. On the contrary, some evidence in the record seems to suggest that at the time of the collision, the tow truck and bus were separated by some distance. In any case, each vehicle was operated by a driver at the time of the collision.
We conclude that Titan's complaint sufficiently states a claim upon which relief could be granted against the district on the basis of the operation of the tow truck and that the trial court erred in ruling to the contrary. See Halverson v. Pikes Peak Family Counseling & Mental Health Ctr., Inc., 795 P.2d 1352 (Colo. App. 1990).
The order is reversed, and the case is remanded to the trial court for reinstatement of the complaint and for further proceedings consistent with this opinion.
JUDGE VOGT and JUDGE ROMÁN concur.
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