From Our Readers

• Publication year: 1990
• Pages: 1551
• Citation: Vol. 19 No. 8 Pg. 1551

19 Colo.Law. 1551 Colorado Lawyer 1990.

1990, August, Pg. 1551. From Our Readers

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1551

Vol. 19, No. 8, Pg. 1551

From Our Readers

On Limitations Periods for "New" Intentional Torts

Dear Editor:

Regarding Brian Stowell's article, "Finding the Right Limitations Period for 'New' Intentional Torts" [19 The Colorado Lawyer 875 (May 1990)], I call your attention to Commercial Equity Corp. v. Majestic Savings & Loan Association, 620 P.2d 56 (Colo.App. 1980), which I discovered in the course of my research on a case similar to your hypothetical. This case held that the applicable pre-July 1, 1986, statutes of limitations for claims of outrageous conduct (and certain other "new" torts) was the six-year statute of limitations of CRS § 13-80-110 (1973). To like effect is Zuniga v. AMFAC Foods, Inc., 580 F.2d 380 (10th Cir. 1978), overruled on other grounds, Garcia v. Wilson, 731 F.2d 640 (10th Cir. 1984), aff'd, 471 U.S. 261 (1985).

Very truly yours,

Richard L. Gabriel, Esq.

Denver, Colorado

Dear Editor:

I found Brian Stowell's recent article in The Colorado Lawyer about identifying the right limitations period for new intentional torts quite fascinating, since I have engaged in a similar analysis on many occasions in my work as senior staff attorney at the Office of Legislative Legal Services. After the 1986 session, I anticipated that we would receive a number of calls about the applicable statutes of limitation (that prediction was borne out), so I made a chart to help trace the applicable statutes of limitation [1986 chart can be obtained by calling Deborah Haskins at (303) 866-2045]. However, in making the chart, I did not attempt to research any of the case law which might be relevant---the chart was designed to point people to comparable statutory provisions. In the chart, I listed the tort of outrageous conduct as being previously a six-year time period under former CRS § 13-80-110(1)(g), actions on the case. Another factor in my decision to list the tort actions as being formerly a six-year time period was that the popular description of the bills during the 1986 session was that the time period for torts was being reduced from six years to either one- or two-year periods, depending on the type of action. The changes to the statutes of limitation made in 1986 were the result of combining two initial bills: one was the product of a three-year Colorado Bar study which was aimed at modernizing...