Williams v. Crop Production Services, Inc.
2015 COA 64
Colo. Ct. App.2015Background
- Kirk Williams sued Crop Production Services for wrongful discharge (tort), with accrual date of October 7, 2011 (termination date).
- Colorado's tort statute of limitations for such claims is two years: actions "must be commenced within two years after the cause of action accrues, and not thereafter."
- Williams filed his complaint two years and one day after accrual (October 8, 2013); defendant moved to dismiss as time-barred under C.R.C.P. 12(b).
- Williams argued C.R.C.P. 6(a)(1) applied, which excludes the day of accrual and counts intervening days, yielding an October 8 deadline; he relied on the pre-2006 language of Rule 6(a)(1).
- The trial court dismissed the action as untimely; the court of appeals affirmed, holding the statutory "two years" is measured by anniversary date (file by October 7, 2013) and Rule 6(a)(1) does not govern computation of statutory periods.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| How to compute a multi-year statutory limitations period under § 13-80-102(1)(a) | Use C.R.C.P. 6(a)(1): exclude day of accrual and count 2 years from the next day (deadline Oct 8, 2013) | Use anniversary-date method mandated by statute and § 24-107: file on or before the second anniversary of accrual (deadline Oct 7, 2013) | Court held anniversary-date method controls; complaint was untimely (filed Oct 8) |
| Whether C.R.C.P. 6(a)(1) applies to compute statutory time periods | Rule applies to statutory periods (relied on pre-2006 language) | Rule does not apply; current Rule 6(a)(1) applies only to periods prescribed by the rules; applying it to statutes would impinge on legislature | Court held Rule 6(a)(1) does not govern statutory computation and noted the 2006 amendment removed reference to statutes |
Key Cases Cited
- Martin Marietta Corp. v. Lorens, 823 P.2d 100 (Colo. 1992) (wrongful discharge claim accrues on termination date)
- People v. Brunner, 87 P.3d 267 (Colo. App. 2004) (adopts anniversary method for multi-year periods)
- United States v. Hurst, 322 F.3d 1256 (10th Cir. 2003) (adopts anniversary computation for multi-year deadlines)
- United States v. Marcello, 212 F.3d 1005 (7th Cir. 2000) (favors anniversary rule as clear and predictable)
- Dove Valley Bus. Park Assocs., Ltd. v. Bd. of Cnty. Comm'rs, 945 P.2d 395 (Colo. 1997) (court cannot rewrite statutes absent constitutional issue)