Three years after his son Dylan Redwine’s disappearance, Mark Redwine has filed for dismissal of a lawsuit filed June 29 against him by his ex-wife, Elaine Hatfield Hall, for the wrongful death and loss of their son.
In a filing in District Court on Wednesday, Redwine’s attorney, Stuart Morse of Greenwood Village, said the statute of limitations had expired six days before Hall filed her lawsuit.
That is based on the fact that Dylan Redwine’s remains were found on June 23, 2013, and that is when the state of Colorado certified Dylan’s death, according to the motion.
“Plaintiff did not file her complaint until June 29, 2015, six days after the expiration of the statute of limitations,” the motion stated.
Redwine filed a motion to dismiss on July 22, as well.
Hall’s complaint said their son, Dylan, was visiting his father on a court-ordered visit Nov. 18, 2012, when he disappeared. A widespread search ensued, involving community members and local, state and federal investigators. On June 27, 2013, some of Dylan’s remains were found about three miles from his father’s home in Vallecito.
A parent in Colorado has the duty to provide proper parental care for a child, the lawsuit stated, and Mark Redwine breached that duty “when his conduct resulted in the death of their son, Dylan Redwine.”
It continued, “the death of Dylan Redwine was the proximated (sic) and direct result of the negligence of defendant.”
Hatfield also has suffered the loss of consortium with her son and suffered damages from that, the lawsuit stated.
In her lawsuit, Hatfield asked that she be compensated for damages, costs and fees. She also requested a 12-member jury if the lawsuit goes to trial.