Finding the Right Limitations Period for New Intentional Torts
| Jurisdiction | Colorado,United States |
| Citation | Vol. 19 No. 5 Pg. 875 |
| Pages | 875 |
| Publication year | 1990 |
1990, May, Pg. 875. Finding the Right Limitations Period For New Intentional Torts
One of the first steps that a civil lawyer takes in evaluating an intentional tort claim for, or against, a client is to review the applicable limitations statute to determine if the claim is time-barred. In most cases, this initial concern may be satisfied by reviewing the appropriate portion of CRS § 13-80-101 et seq.
However, in other instances, this relatively simple task can become more complicated. For example, identifying the right limitations period for a claim based on a "new" intentional tort (such as outrageous conduct) which arose prior to July 1, 1986, involves sheer convolution. In such a case, the lawyer must locate and consult prior editions of the statutes. For lawyers trained to check CRS pocket-part supplements, this is a counterintuitive process. Locating the right statute may be difficult unless the lawyer has kept a set of the prior editions. Even when the right edition is located, the applicable limitations period may not be entirely clear.
This article exposes the lawyer briefly to the nuances of case law and the forced legal interpolations presented by this unique glitch in the law.
The frequency with which intentional torts, such as outrageous conduct and tortious interference with contractual relations, appear in Colorado courts belies their relatively recent origin. Outrageous conduct, for example, did not debut in Colorado until 1957.(fn1) Compared to other torts, such as fraud, assault, battery and false imprisonment (which have been recognized at common law for centuries), outrageous conduct is a mere infant.
Generally speaking, each tort in this emerging class of intentional torts may be described as "new." However, for purposes of this article, the "new" intentional torts are those specifically identified by the 1986 Tort Reform Act ("1986 Act") at CRS § 13-80-102(a).(fn2) The designation "new" simply refers to the fact that these intentional torts were not specifically enumerated in previous limitations statutes.
The tort of outrageous conduct, also known in Colorado as intentional infliction of emotional distress, has been selected as the vehicle for the analysis in this article. In the civil sector, the increasing number of cases involving outrageous conduct claims provides compelling reason to focus on the intricacies of its limitations period. Nevertheless, the principles set out below generally will apply to other new intentional torts as well.
For a claim based on intentional infliction of emotional distress arising after July 1, 1986, the limitations period is two years.(fn3) Provided the lawyer is able to identify when the cause of action accrued, this limitations determination is relatively easy.
However, under the 1986 Act, an action commenced after July 1, 1986, to assert a claim for relief arising before July 1, 1986, must be brought within the time limits in effect when it arose.(fn4) Thus, for the outrageous conduct claim which accrued before July 1, 1986, the lawyer will have to consult the appropriate limitation period which was in force at the time the cause of action arose.
For purposes of this analysis, assume that a client approaches a lawyer and describes facts which the lawyer deems sufficient to constitute a claim for outrageous conduct. Assume further that the lawyer properly concludes that the client's cause of action accrued on or about April 1, 1986. Because the client's claim arose prior to July 1, 1986, the lawyer must consult the statutes in effect on April 1, 1986.
The applicable statute for that date is found in Title 13 of the CRS volume published prior to the 1987 Replacement Volume (6A)---in this case, the CRS 1973 edition. If not on hand, this edition may be...
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