Petition for Certiorari Review Denied – Hofmann

April 2016

Hofmann v. Estate of Donald Chandler, 14CA1742 Colorado Supreme Court (2016). Karen Wheeler previously won summary judgment on a case that was filed in violation of the statute of limitation. After an automobile accident and before plaintiff filed her lawsuit, Donald Chandler died. Plaintiff originally sued Donald Chandler. Later, plaintiff initiated an estate for the decedent and named herself as the administrator of the estate. Plaintiff amended her complaint to sue the estate. However, plaintiff filed her amended complaint after the expiration of the statute of limitation. On appeal, Ms. Hofmann argued that her claims related back to her original filing, that her claims against the estate should be statutorily tolled and that her claims were subject to equitable tolling. The Court of Appeals disagreed with Ms. Hofmann and upheld the trial court’s dismissal. Ms. Hofmann sought relief with the Colorado Supreme Court. However, the Colorado Supreme Court decided not to take the case. As a result, the Court of Appeals win remains intact.

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