Kinslow v. Mohammadi
Annotate this Case
In November 2015, Mark Kinslow hit Daniala Mohammadi with his car while she was riding her bicycle. Mohammadi, who was a minor at the time of the accident, sued Kinslow in December 2019, more than two years but less than three years after she turned eighteen. Kinslow moved to dismiss the suit, arguing that the statute of limitations had expired two years after Mohammadi’s eighteenth birthday. Mohammadi countered that the usual three-year statute of limitations for motor vehicle accidents had not started to run until her eighteenth birthday.
The trial court granted Kinslow’s motion to dismiss, concluding that Mohammadi was required to bring her claim either within three years of the incident, or within two years after she turned eighteen. The court of appeals reversed this decision, agreeing with Mohammadi and concluding that it was bound by decisions of the Supreme Court of Colorado providing that statutes of limitations are “tolled” for claims by a minor plaintiff until the minor turns eighteen.
The Supreme Court of the State of Colorado reversed the court of appeals' decision. The court concluded that the plain language of section 13-81-103(1)(c), C.R.S. (2023), gives a plaintiff who turns eighteen within the three-year limitation period for a motor vehicle accident a statute of limitations that is the longer of (1) the full three years normally accorded an accident victim, or (2) two years from their eighteenth birthday. For Mohammadi, this meant that she was required to bring her claim by January 1, 2019—two years after she turned eighteen. Because her suit was filed after that date, it was untimely. The court remanded the case with instructions to dismiss.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.