Concerning the peace officers, it is clear that the liability of a municipality's police has traditionally existed despite the doctrine of sovereign immunity. Corder v. People, 87 Colo. 251, 287 P. 85 (1930); cf. Johnsen v. Baugher, 92 Colo. 588, 22 P.2d 855 (1933). Hence this court's prospective abrogation of the doctrine in Evans v. Board of County Commissioners, 174 Colo. 97, 482 P.2d 968 (1971) and the legislature's enactment of the Immunity Act was without effect on a peace officer's vulnerability to liability.
This includes drivers of public vehicles. See Johnsen v. Baugher, 92 Colo. 588, 22 P.2d 855. Accordingly, unless there exists a clear legislative intent to change the common law right of action against such employees, evidenced either from the express provisions of the Immunity Act, or by necessary implication, we will not impute to the legislature such an intent to do away with this common law right.