Kinslow v. Mohammadi.
2024 CO 19. No. 22SC787. Statute of Limitations— Limitations for Persons Under Disability—Tolling—When a Statute Begins to Run.
April 8, 2024
The Supreme Court held that a suit for damages sustained from a motor vehicle accident over four years ago is untimely under the circumstances. The Court held that the plain language of CRS § 13-81-103(l)(c) gives a plaintiff who turns eighteen within the three-year limitation period for a motor vehicle accident a statute of limitations that is the longer of (1) the full three years normally accorded an accident victim, or (2) two years from their eighteenth birthday. While Mohammadi was 16 at the time of the accident, because her suit was filed over four years after the accident and over two years after she turned 18, it was untimely.