In Re Lorena Garcia v. Schneider Energy Services, Inc. and William R. Smith

Summary

The court vacated the trial court's summary judgment for Schneider Energy and held that notice received 116 days after the original complaint was filed may fall within the reasonable time for relation back under C.R.C.P. 15(c). The court rejected measuring the notice period solely from the expiration of the statute of limitations and instead measured reasonableness from the original filing date, using the time allowed for service of process as guidance. The trial court was directed to decide the remaining relation-back requirements and, if notice occurred later than 116 days, to apply the relevant delay-and-prejudice factors. Justice Marquez, dissenting, would have overruled the controlling precedent and held that notice had to occur within the limitations period.