Ann Marie Damian and John M Taylor, Jr. v. Mountain Parks Electric, Inc., 2012COA217 (December 27, 2012)

“Why you wanna give me a run-around/ Is it a sure-fire way to speed things up/ When all it does is slow me down.” (Blues Traveler).  In this statute of limitations case, Plaintiff brought a lawsuit under the Consumer Protection Act (CPA) that later appeared to be about unreasonable electricity rates that the Public Utilities Commission should decide. It wasn’t, so the PUC dismissed it. Back in the trial court, Defendant claimed the action was filed after the three-year statute of limitations ended. The trial court agreed, and held that the doctrine of equitable tolling did not apply, nor did the one-year extension in the CPA itself. The court of appeals affirmed. Equitable tolling does not apply if it contradicts a statute. Here, it was inconsistent with the CPA. As Plaintiffs did not show the delay was due to Defendant’s misrepresentations, the one-year extension did not apply either.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1887-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8785&courtid=1

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