8-2-204. Limitation of actions - limit of damages.

Statute text

All actions provided for by this part 2 shall be brought within the time period prescribed in section 13-80-102, C.R.S. The amount of damages recoverable under this part 2 in case of personal injury resulting solely from negligence of a coemployee shall not exceed the sum of twenty-five thousand dollars.

History

Source: L. 11: p. 296, 4. C.L. 4170. L. 33: p. 476, 2. CSA: C. 97, 98. CRS 53: 80-6-4. L. 61: p. 488, 2. C.R.S. 1963: 80-5-4. L. 86: Entire section amended, p. 702, 7, effective May 23.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "One Year Review of Torts", see 35 Dicta 53 (1958). For article, "In Defense of the Colorado Guest Statute", see 35 Dicta 174 (1958).

This section imposes a two-year statute of limitations on all rights of action created by the act. Jacobson v. Doan, 136 Colo. 496, 319 P.2d 975 (1957).

Amended answer pleading statute. After issues are joined and a cause has been set for trial, a court may in the exercise of reasonable discretion and in the interest of justice permit the filing of an amended answer pleading additional defenses, such as the two-year statute of limitations under this section. 37 C.J. 1227; Walters v. Webster, 52 Colo. 549, 123 P. 952 (1912); Maryland Cas. Co. v. City & County of Denver, 90 Colo. 20, 6 P.2d 6 (1931).

And damages may not exceed $25,000. Under this section, damages against an employer by an employee for injuries resulting from the negligence of the employer or a fellow employee may not exceed the sum of $25,000. Jacobson v. Doan, 136 Colo. 496, 319 P.2d 975 (1957); Bein Farms, Inc. v. Dale, 137 Colo. 424, 326 P.2d 72 (1958).

This section applies to an action by an employee to recover for personal injuries sustained while working for his employer, and allegedly caused by its negligence in furnishing an "unsafe, insecure and defective" appliance for the performance of his duties. Ferguson v. Ringsby Truck Line, 174 F.2d 744 (10th Cir. 1949).