Comcast of California/Colorado, L.L.C. v. Express Concrete, Inc.

Opinion by

Judge MARQUEZ.

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 party in its claim for damages, and (8) found for Comcast on the counterclaim brought by defendant and ordered each party to pay its own…