2022 COA 103
Colo. Ct. App.2022Background:
- On November 6, 2015, 16-year-old Daniala Mohammadi was injured in a car–bicycle collision with Mark Kinslow.
- Mohammadi turned 18 on January 1, 2017, and filed suit on December 30, 2019 (nearly three years after turning 18).
- Defendant moved to dismiss as time‑barred under Colorado's limitations rules for persons under disability (§ 13-81-103(1)(c)).
- The district court held § 13-81-103(1)(c) requires filing by the later of (a) the original limitations period from accrual or (b) two years after removal of disability, and dismissed the complaint.
- The Court of Appeals reversed, holding it was bound by Colorado Supreme Court precedent (Elgin and later cases) that the statute of limitations is tolled during minority and begins to run when the minor reaches 18, so Mohammadi’s suit was timely.
- Judge Welling dissented, reading the plain text of § 13-81-103(1)(c) to require the later‑of calculation the district court applied, which would bar Mohammadi’s claim.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of § 13-81-103(1)(c) when a minor reaches majority before the original limitations period expires: does the statute toll until 18 or must plaintiff file by the later of the original limitations or two years after majority? | Mohammadi: statute tolls during minority; limitations begin to run at 18, so she had three years from her 18th birthday. | Kinslow: statute does not toll in that circumstance; plaintiff must file by the later of (a) the original limitations from accrual or (b) two years after removal of disability — Mohammadi missed that date. | Majority: Reversed dismissal. Bound by Supreme Court precedent (Elgin and subsequent cases) that the limitations period is tolled during disability and "begins to run when the minor reaches the age of eighteen," so Mohammadi timely filed. Dissent would apply the plain‑text later‑of rule and affirm dismissal. |
| Request for attorney fees under § 13-17-201 after dismissal and on appeal | N/A (plaintiff opposes) | Kinslow: statutory entitlement to fees where a tort action is dismissed under C.R.C.P. 12(b) and for successful defense on appeal. | Denied on appeal because the dismissal was reversed. |
Key Cases Cited
- Elgin v. Bartlett, 994 P.2d 411 (Colo. 1999) (statute of limitations begins to run when minor reaches eighteen absent a legal representative)
- Southard v. Miles, 714 P.2d 891 (Colo. 1986) (§ 13-81-103 operates to suspend running of limitations during disability)
- In re Estate of Daigle, 634 P.2d 71 (Colo. 1981) (§ 13-81-103 creates a statutory toll for persons under disability)
- McKinney v. Armco Recreational Products, Inc., 419 F. Supp. 464 (D. Colo. 1976) (district court reading that § 13-81-103(1)(c) does not toll if disability ends before expiration but still allows two years after removal)
- Cintron v. City of Colorado Springs, 886 P.2d 291 (Colo. App. 1994) (definition/discussion of tolling)