Home Medical Malpractice Colorado Appeals Court Divided Over Tolling Provisions During Period of Disability

Colorado Appeals Court Divided Over Tolling Provisions During Period of Disability

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In a case of first impression, the Colorado Court of Appeals issued a divided opinion on the tolling of the statute of limitations during a plaintiff’s period of disability at what point it begins to run again.

On November 6, 2015, Daniala Mohammadi was 16 years old and was riding her bike across an intersection. As Mark Kinslow made a right turn through that intersection, he hit Mohammadi with his car. On January 1, 2017, Mohammadi turned 18 years old. Nearly three years later, she filed suit against Kinslow alleging negligence and negligence per se.



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