Spiker v. Hoogeboom

KELLY, Judge.

Plaintiff, Marthena A. Spiker, appeals the summary judgment granted in favor of defendants, Floyd Hoogeboom and Luke Hoogeboom, which dismissed them from the case. She argues that the trial court erred in holding that the substitution of the Hoo-gebooms as defendants after the running of the statute of limitations did not relate back to the date of the filing of the complaint under C.R.C.P. 15(c). We agree and thus reverse.

In April 1972, plaintiff and her late husband purchased a custom-built home from Hoogeboom Construction Co. In February 1973, they became aware of alleged…