STATE DEPARTMENT OF HIGHWAYS, Petitioner,
v.
MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, d/b/a US West Communications Inc., Respondent.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
March 7, 1994.
March 7, 1994.
Attorney(s) appearing for the Case
Gale Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Timothy Arnold, Deputy Atty. Gen., Gregg E. Kay, First Asst. Atty. Gen., Simon P. Lipstein, Asst. Atty. Gen., Denver, for petitioner.
Kathleen M. Shildmyer, Denver, for respondent.
Geoffrey T. Wilson, Denver, amicus curiae for Colorado Mun. League.
Timothy J. Flanagan, Denver, amicus curiae for Public Service Co. of Colorado and Utility Notification Center of Colorado.
James R. McCotter, Denver, of counsel for Public Service Co. of Colorado.
Supreme Court of Colorado, En Banc.
Chief Justice ROVIRA delivered the Opinion of the Court.
We granted certiorari to determine whether the Excavation Requirements statute1 (ERS) creates an implied waiver of sovereign immunity thereby permitting the State of Colorado, or entities of the state, to be held liable for tort damages resulting from negligent excavations by state employees. We hold that the ERS does not create an implied waiver of sovereign immunity, and accordingly...
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