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United Cable Television of Jeffco Inc. v. Montgomery LC Inc.11/29/1996
m on these evidentiary grounds.
II.
United also argues that Montgomery had an implied duty to indemnify United, based on Montgomery's implied obligation to perform its cable removal operations for United in a workmanlike manner. On this issue, we perceive no error in the trial court's ruling.
In support of its argument, United cites Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., 350 U.S. 124, 76 S. Ct. 232, 100 L. Ed. 133 (1956), in which the court suggests that there may be an implied obligation to use care in a service contract, accompanied by an implied agreement of indemnity for breach of that obligation. The Ryan case involved a stevedoring contract, and the so-called Ryan doctrine has been adopted in only a minority of jurisdictions.
Colorado courts, and the majority of other states, have not adopted the Ryan doctrine. See 2B A. Larson, Law of Workmen's Compensation ยง 76.71 (1996) (fn. 2). To the contrary, in a series of cases, Colorado courts have held that a statutory employer is immune from third-party common law indemnity claims. See Hilzer v. MacDonald, supra; Holly Sugar Corp. v. Union Supply Co., 194 Colo. 316, 572 P.2d 148 (1977). Therefore, we reject United's argument.
The judgment of dismissal is reversed, and the cause is remanded for further proceedings consistent with this opinion.
JUDGE PLANK and JUDGE KAPELKE concur.
Disposition
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS
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