BLACK BY AND THROUGH BAYLESS v. Cullar

VAN CISE, Judge.

Plaintiff, Timothy Black, appeals a judgment dismissing his assault and battery case against defendant, Steve Cullar, for failure of the next friend, Georgann Bay-less, to appear for or to submit to a deposition. We reverse.

In 1978, when this suit was commenced, plaintiff was 17 years old. See § 13-22-101, C.R.S.1973. Therefore, pursuant to C.R.C.P. 17(c), he sued in his name, “by and through Georgann Bayless, as next friend.” Plaintiff was then living in the home of Mr. and Mrs. Bayless.

Defendant’s attorney served notice on plaintiffs attorney for the taking of the…