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S.F. No. 1374 - Survival of Civil Actions
 
Author: Senator Ron Latz
 
Prepared By:
 
Date: March 17, 2015



 

Under current law, a civil cause of action arising out of personal injury ends upon death of the injured person. This bill establishes new provisions under which a cause of action survives.

Section 1 contains the operative language governing survival of actions.

Subdivision 1 provides that an injury or noninjury cause of action does not abate by the death or disability of a party or transfer of an interest if the action survives or continues and was pending at the time of death or commenced after death in the time limits for bringing a wrongful death action.

Subdivision 2 authorizes the personal representative or successor in interest of the decedent to pursue or defend the action.

Subdivision 3 provides for relation of this section to other law. It does not create a right of the next of kin to sue for their own pain and suffering as a result of wrongful death. It does not preclude a personal representative from pursuing an award for all damages sustained by the decedent before death, including general damages. The recovery is for benefit of heirs and next of kin only. This does not affect damages otherwise recoverable under the wrongful death statute.

Section 2 amends the current statute providing that a cause of action does not survive, consistent with section 1.

Section 3 repeals the current statutes that are replaced and superseded by the new provisions in section 1.

The law would be effective August 1, 2015, and apply to actions commenced on or after that date.

 
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