Fogg v. Macaluso
In Fogg v. Macaluso, 892 P.2d 271 (Colo. 1995), the Court held that to fall within the exception to an immunity waiver, emergency vehicle drivers need only comply with 42-4-108(2) and (3), C.R.S. 1999.
The duty set forth in 42-4-108(4), to drive with due regard for the safety of all persons, is inapplicable in this context. Fogg v. Macaluso, supra, 892 P.2d at 277 ( 24-10-106(1)(a) of the Act "does not require emergency vehicle operators to comply with section 42-4-106(4) in order to qualify for sovereign immunity").