Opinion by Judge MÁRQUEZ.
In this action under Colorado's Excavation Requirements Statute (ERS), sections 9-1.5-101 to -107, C.R.S. 2007, against defendant, Express Concrete Inc., plaintiff, Comcast of California/Colorado, L.L.C., appeals from the trial court's judgment. The trial court (1) held it would not assess a civil penalty under the ERS, (2) found both parties negligently contributed to cause damage to Comcast's cable and conduit and found against each...
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