CURRIER v. SUTHERLAND

No. 08SC587.

218 P.3d 709 (2009)

David H. CURRIER and Heather S. Schultz, Petitioners v. Michael SUTHERLAND, Special Administrator of the Estate of Eloy Lopez; Estate of Eloy Lopez; and State Farm Mutual Automobile Insurance Company, Respondents.

Supreme Court of Colorado, En Banc.

October 19, 2009.


Attorney(s) appearing for the Case

Andrew Rosen Boulder, Colorado, Attorney for Petitioners.

Bayer & Carey, P.C., Gary L. Palumbo, Peter M. Spiessbach, Denver, Colorado, Attorneys for Respondent Michael Sutherland.

Levy, Morse & Wheeler, P.C., Marc R. Levy, Englewood, Colorado, Attorneys for State Farm Mutual Automobile Insurance Company.

Kennedy Childs & Fogg, P.C., John Mann, Matthew M. Linton, Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.


Justice RICE delivered the Opinion of the Court.

This case involves invocation of the remedial revival statute, section 13-80-111(1), C.R.S. (2009), in a case where a complaint was timely filed against a deceased, nonexistent defendant and was later amended to name the estate of the deceased and the special administrator of that estate as defendants. We granted certiorari to review the court of appeals' decision in Currier...

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