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Morin v. ISS Facility Services, Inc.

2021 COA 55. No. 20CA0216. Statute of Limitations—CRS § 13-80-102(1)(a)—Holidays and Weekends.

April 22, 2021

Plaintiff filed a complaint on July 15, 2019, against ISS Facility Services, Inc. (ISS) and the City and County of Denver (Denver) alleging that she injured herself on an unmarked water hazard at Denver International Airport (DIA) on July 13, 2017. Denver owns DIA and contracts with ISS for janitorial services. Denver and ISS moved to dismiss the complaint because it was filed outside the applicable two-year statute of limitations in CRS § 13-80-102(1)(a) and sought attorney fees and costs. The district court dismissed the complaint and entered an award for attorney fees and costs.

On appeal, plaintiff argued that her complaint was timely filed under CRCP 6(a), which extended the limitations period. Negligence claims in Colorado are subject to the two-year statute of limitations in CRS § 13-80-102(1)(a). The parties agreed that the limitations period started on July 13, 2017. July 13, 2019 was a Saturday, so plaintiff filed her complaint on the next non-weekend day that the court was open. Rule 6(a) only applies to a time period under the rules, not a statutorily prescribed time period. Further, CRS § 24-11-110 does not control over the more specific provisions in CRS § 13-80-102(1)(a) and does not expand the limitations period. Finally, electronic filing has been allowed for years and has been required since 2010 in the Second Judicial District where this case was filed, so there was no obstacle to plaintiff timely filing on a Saturday. Therefore, plaintiff failed to timely filer her complaint and her claims are barred.

Plaintiff also challenged the fees award, but her reply brief argument was too late and underdeveloped, so the Court of Appeals did not consider this argument.

The judgment was affirmed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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