While en route to jury duty, Evans sustained a personal injury as a result of carelessness on

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While en route to jury duty, Evans sustained a personal injury as a result of carelessness on the part of the county commissioners in permitting the concrete steps at the El Paso (Colorado) county courthouse to deteriorate. The lower court dismissed the complaint under the doctrine of governmental immunity. On appeal, the Supreme Court of Colorado, in its opinion dated March 22, 1971, decided to abolish governmental immunity for that state. The courts stated, “Except as to the parties in this preceding the ruling here shall be prospective only and shall be effective only as to causes of action arising after June 30, 1972.” Why might a court make its decision effective as a precedent some fifteen months after the date of its decision?

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