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Shootman v. Department of Transportation11/4/1996
stice, discourage unnecessary delay and forestall prosecution of stale claims."). As we said in the local government context, "the public will benefit from acquiring an ability to identify the time period in which local government claims can be brought." Timberlane, 824 P.2d at 783. The same is true both generally and as applied to claims by the State.
III.
In this case, the State did not comply with the statute of limitation set forth in section 13-80-102(1)(a), 6A C.R.S. (1987). We hold that the State cannot claim exemption from such statutes of limitation by relying on the doctrine of nullum tempus occurrit regi. The nullum tempus doctrine is simply one aspect of a State's sovereign immunity protection, Timberlane, 824 P.2d at 782, and we abrogated sovereign and governmental immunity in Evans, 174 Colo. at 100-06, 482 P.2d at 969-72. In abrogating sovereign and governmental immunity, we specifically noted that the legislature has the authority to restore sovereign and governmental immunity in whole or in part. See id. at 105, 482 P.2d at 972. The General Assembly recognized the abrogation and responded by passing the Colorado Governmental Immunity Act. ยง 24-10-102, 10A C.R.S. (1988) ("The general assembly also recognizes that the supreme court has abrogated the doctrine of sovereign immunity effective July 1, 1972, and that thereafter the doctrine shall be recognized only to such extent as may be provided by statute."). Nevertheless, the legislature has not reaffirmed the nullum tempus doctrine, despite Evans and our decision in Timberlane, 824 P.2d at 777-83, where we explicitly held that nullum tempus is but an aspect of sovereign immunity. In addition, statutes of limitation promote Justice by discouraging long delays, prohibiting the prosecution of stale claims, and providing closure to the parties. E.g., Jones, 828 P.2d at 224; Colorado State Bd. of Medical Examiners v. Jorgensen, 198 Colo. 275, 279, 599 P.2d 869, 872 (1979); Rosane v. Senger, 112 Colo. 363, 369, 149 P.2d 372, 375 (1944). We conclude that the foundation of the common law doctrine of nullum tempus as applied to the State has been so extensively eroded that the doctrine is no longer supportable. It is for the General Assembly to determine whether in the future, the State should be provided immunity from statutes of limitation, in whole or in part.
IV.
We reverse and remand for proceedings consistent with this opinion. On remand, the trial court should rule on the motion for summary judgment filed by Shootman and Power Motive. In doing so, the court should consider the contentions by Shootman and Power Motive that the Department's second, third, and fourth claims fail to state claims for relief, are subsumed in the negligence claim, or are barred by the doctrine of laches. The court should also address the Department's arguments that its Colorado Auto Accident Reparations Act claim is subject to a longer three-year statute of limitation, and that Shootman and Power Motive are estopped from asserting the statute of limitation defense because of alleged settlement representations.
Disposition
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
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