City of Grand Junction and Public Service Company of Colorado, d/b/a Xcel Energy/Cross-Respondents v. John Nicola, individually and as the Personal Representative of the Estate of Danielle Nicola/Cross-Petitioner
City of Grand Junction and Public Service Company of Colorado, d/b/a Xcel Energy/Cross-Respondents v. John Nicola, individually and as the Personal Representative of the Estate of Danielle Nicola/Cross-Petitioner
Opinion
1
City of Grand Junction and Public Service Company of Colorado, d/b/a Xcel Energy, Petitioners/Cross-Respondents
v.
John Nicola, individually and as the Personal Representative of the Estate of Danielle Nicola, Respondent/Cross-Petitioner
No. 23SC932
Supreme Court of Colorado, En Banc
August 19, 2024
Court of Appeals Case No. 22CA656
GRANTED PETITIONS FOR WRIT OF CERTIORARI
Petition for Writ of Certiorari GRANTED. Cross-Petition for Writ of Certiorari DENIED.
[REFRAMED] Whether, in reversing dismissal of a survival claim based on the statute of limitations, the court of appeals erred in concluding that section 13-81-103(1)(b), C.R.S. (2023), applies only when a person under a disability (1) had a legal representative and (2) died after the expiration of the applicable statute of limitations but less than two years after the legal representative was appointed and thereby instead applying section 13-80- 112, C.R.S. (2023).
[REFRAMED] Whether the court of appeals erred by concluding that the statute of limitations for a personal representative to file a survival action under section 13-80-112, C.R.S. (2023), is two years from the date of death rather than two years from the date of the incident as required under sections 13-20-101(2) and 13-80-108(1), C.R.S. (2023).
DENIED AS TO ALL OTHER ISSUES.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.