Cox v. Jones

Opinion by

Judge NEY.

Plaintiff, Sara Cox, appeals from the dismissal of her complaint against defendant, Dilworth Jones. We reverse.

The complaint filed on October 11, 1988, alleged that plaintiff was injured on October 7, 1986, when her automobile was struck by a vehicle negligently operated by defendant. Defendant filed a motion to dismiss pursuant to C.R.C.P. 12(b)(5) and for attorney fees, asserting that plaintiff’s claim was barred by the general two-year statute of limitations for tort actions.

The trial court determined that the cause of action accrued on October 7, 1986, the date of the…