In Re Lorena Garcia v. Schneider Energy Services, Inc. and William R. Smith — Marquez, J., Dissenting

Summary

Justice Marquez dissented from the majority's reaffirmance of the prior interpretation of Colorado Rule of Civil Procedure 15(c). She would interpret the phrase "within the period provided by law for commencing the action" to mean only the applicable statute-of-limitations period, rather than the additional reasonable time allowed for service of process. She concluded that the defendant therefore did not receive timely notice and that the claim was time-barred.