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Boyer v. Ito Packing Co.8/27/1992
In this negligence action, plaintiff, Stephen C. Boyer, appeals from the trial court's denial of his motion to amend his complaint to include a claim for relief against defendant, Ito Packing Company, Inc., under the Colorado Auto Accident Reparations Act, § 10-4-701, C.R.S. (1987 Repl. Vol. 4A) (No Fault Act). We affirm.
On June 26, 1988, Boyer was injured while positioning a semitrailer truck for unloading at a warehouse dock. The injury occurred when, as Boyer began to open the trailer doors from the outside, the doors suddenly opened wide and struck him. This forceful opening was allegedly caused by a shifting of the interior load that had occurred while the truck was in transit.
On June 25, 1990, Boyer brought a negligence action against the owner of the truck and, as pertinent here, against the unknown loader for negligent packing of the contents of the truck. Four days later, Boyer amended the complaint to substitute Ito as the loader. Ito responded by filing a motion to dismiss on the grounds that the tort action was barred by Boyer's failure to file within the two-year period of the statute of limitation for tort actions. Section 13-80-102(1)(a), C.R.S. (1987 Repl. Vol. 6A).
In October, the trial court granted Ito's motion to dismiss and that ruling is not before us on appeal. Ito filed a motion for entry of final judgment pursuant to C.R.C.P. 54(b).
In March 1991, Boyer filed motions to reconsider the order of dismissal and for leave to amend the complaint to include a claim that Ito was liable for damages under the No Fault Act. In this second amended complaint, Boyer alleged that, under the Act, the vehicle was one required to be insured and that he was a pedestrian entitled to direct benefits for his injuries. Boyer argued that a three-year limitation of actions applied to this claim pursuant to § 13-80-101(1)(j), C.R.S. (1987 Repl. Vol. 6A).
The trial court granted Ito's C.R.C.P. 54(b) motion and denied Boyer's motions. In denying Boyer's motion for leave to amend his complaint, the court determined that his claim against Ito did not fall under the No Fault Act and, thus, was not subject to the three-year statute of limitation. This appeal followed.
Boyer contends that the trial court erred by determining that his tort claim against Ito is not "under" the No Fault Act and, therefore, not subject to the three-year statute of limitation. On the other hand, Ito argues that because it was not the owner, user, or operator of the truck, Boyer's tort action was controlled by the more general two-year statute of limitation. We agree with Ito.
Generally, tort actions must be commenced within two years after the cause of action accrues. Section 13-80-102(1)(a). However, the General Assembly has created an exception for "all actions under the 'Colorado Auto Accident Reparations Act'"; such actions shall be commenced within three years after the cause of action accrues. Section 13-80-101(1)(j) (emphasis added).
Thus, our task is to look to the No Fault Act to determine whether Boyer's action against Ito is "under" the Act so that Boyer has the benefit of the three-year statute of limitation. We conclude that it does not.
The General Assembly's purpose in enacting the No Fault Act is "to require registrants of motor vehicles in this state to procure insurance covering legal liability arising out of ownership or use of such vehicles and also providing benefits persons injured in accidents involving such vehicles." Section 10-4-702,
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