Currier v. Sutherland

This case involves invocation of the remedial revival statute, section 13-80-111(1), C.R.S. (2009), in a case where a complaint was timely filed against a deceased, nonexistent defendant and was later amended to name the estate of the deceased and the special administrator of that estate as defendants. We granted certiorari to review the court of appeals' decision in Currier v. Sutherland, 215 P.3d 1155 (Colo.App.2008), in order to determine whether the statute can be used in such a case to revive a timely claim improperly filed against a non-existent defendant when the proper defendants were…