State Department of Highways v. Mountain States Telephone & Telegraph Co.

We granted certiorari to determine whether the Excavation Requirements statute 1 (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, we reverse the decision of the court of appeals.

I

On January 19,1989, the Colorado Department of Highways (the Department) dispatched a crew to replace a “Keep off the Median” sign located in the median of…