HARDING GLASS CO., INC. v. JONES

No. 80SC222.

640 P.2d 1123 (1982)

HARDING GLASS COMPANY, INC., a Missouri corporation, Bill Stephens and Everett Young, Petitioners, v. Robert JONES and Barbara Jones, on their own behalf and on behalf of their daughter, Gretchen Jones, a minor, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 1, 1982.


Attorney(s) appearing for the Case

Cook, Gilles & Schaefer, Elwyn F. Schaefer, and DeMoulin, Anderson, Campbell & Laugesen, Laird Campbell, J. Kent Miller, Denver, for petitioners.

Russell E. Vigil, Denver, for respondents.

Williams, Trine, Greenstein & Griffith, P. C., Joel H. Greenstein, J. Conrad Metcalf, Boulder, for amicus curiae Colorado Trial Lawyers Ass'n.

Roath & Brega, P. C., J. Stephen McGuire, Denver, for amicus curiae Caryl Adams, Individually, and as trustee of the V. M. Johnson 1962 Trust.

Fairfield & Woods, Charles E. Mathseon, Jac K. Sperling, Denver, for amicus curiae Paine, Webber, Jackson & Curtis, Inc.


LOHR, Justice.

We granted certiorari to review the decision of the Colorado Court of Appeals in Jones v. Harding Glass Co., Inc., Colo.App., 619 P.2d 777 (1980), which held that a claim for exemplary damages was not subject to the one-year statute of limitations contained in section 13-80-104, C.R.S.1973. We conclude that the court of appeals lacked jurisdiction over this case because the trial court erred in determining that...

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