SPIKER v. HOOGEBOOM

No. 80CA0677.

628 P.2d 177 (1981)

Marthena A. SPIKER, Plaintiff-Appellant, v. Floyd HOOGEBOOM and Luke Hoogeboom d/b/a Hoogeboom Construction Co., Defendants-Appellees, and Water Proofing Service Co., a Colorado Corporation, Defendant.

Colorado Court of Appeals, Div. II.

April 9, 1981.


Attorney(s) appearing for the Case

Spurgeon, Haney & Howbert, P. C., Gregory R. Piché, Colorado Springs, for plaintiff-appellant.

Rector, Retherford, Mullen & Johnson, Jerry A. Retherford, Michael R. Waters, Colorado Springs, for defendants-appellees.


KELLY, Judge.

Plaintiff, Marthena A. Spiker, appeals the summary judgment granted in favor of defendants, Floyd Hoogeboom and Luke Hoogeboom, which dismissed them from the case. She argues that the trial court erred in holding that the substitution of the Hoogebooms as defendants after the running of the statute of limitations did not relate back to the date of the filing of the complaint under C.R.C.P. 15(c). We agree and thus reverse.

In April 1972, plaintiff...

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