City of Grand Junction v. Nicola.

2026 CO 55. No. 23SC932. Survival Claim—Statute of Limitations—Person Under Disability—Legal Representative.

June 29, 2026

CRS § 13-81-103(1)(b) (subsection (l)(b)) provides that if a person dies while under disability and “before the expiration of the period of limitation in [CRS § 13-81-103(1)(a) (subsection (l)(a))],” then any survival claim must be brought within one year after the date of the person’s death. The supreme court held that subsection (l)(b) applies irrespective of whether a legal representative has been appointed for a person under disability.

If the person under disability had no legal representative appointed, then the phrase “the expiration of the period of limitation in [subsection (l)(a)]” simply refers to the applicable statute of limitations. But if the person under disability had a legal representative appointed, then “the expiration of the period of limitation in [subsection (l)(a)]” refers to the expiration of the applicable statute of limitations or two years after the appointment of the legal representative, whichever is later.

The court concluded that subsection (1)(b) applied to Nicola’s survival claims, and it rendered them untimely. The court also concluded that the City of Grand Junction and the Public Service Company of Colorado, d/b/a Xcel Energy, are entitled to an award of reasonable attorney fees under CRS § 13-17-201. Accordingly, the court reversed the judgment of the court of appeals and remanded the case for further proceedings, including reinstatement of the district court’s judgment dismissing Nicola’s complaint and determination of appropriate attorney fees.