Wood v. Andrews

KIRSHBAUM, Judge.

Plaintiffs, Raleigh S. Wood and Catherine Wood, appeal a summary judgment dismissing their claims against defendant, F. M. Andrews, Jr., administrator of the estate of Robert W. Kolarich. We affirm.

The material facts are not in dispute. On August 27, 1972, plaintiffs were injured when their car was struck by a car driven by Kolarich in Adams County, Colorado. Kolarich, a Wyoming resident, died on October 29, 1974. Although plaintiffs’ attorney communicated with decedent’s insurer concerning the accident until June 5, 1975, plaintiffs did not learn of Kolarich’s death until…