Minnesota Legislature
SF 693
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/09/2014 02:43pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to civil actions; providing for the survival or continuation of an action
1.3after the death or disability of a party;proposing coding for new law in
1.4Minnesota Statutes, chapter 540; repealing Minnesota Statutes 2012, sections
1.5573.01; 573.02, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [540.115] ACTION CONTINUES WHERE CAUSE OF ACTION
1.8SURVIVES.
1.9(a) An action does not abate by the death or other disability of a party or by the
1.10transfer of any interest therein if the cause of action survives or continues.
1.11(b) Notwithstanding paragraph (a), an action against a nursing home licensed under
1.12chapter 144A, a housing with services establishment under chapter 144D, or a boarding
1.13care home licensed under Minnesota Rules, chapters 4655 and 4660, does not abate by the
1.14death or other disability of a party or by the transfer of any interest therein if the action
1.15was pending at the time of the death or disability of the party.
1.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
1.17of action commenced on or after that date.
1.18 Sec. 2. [540.116] CAUSES OF ACTION SURVIVING DEATH OF PARTY;
1.19BROUGHT BY OR AGAINST LEGAL REPRESENTATIVE.
1.20(a) Any injury or noninjury cause of action survives the death of a party to the action.
1.21(b) The personal representatives of the deceased may be substituted as plaintiff and
1.22prosecute the suit to final judgment and satisfaction. A cause of action for death by wrongful
1.23act or omission is governed by section 573.02. Nothing in this chapter or chapter 573 shall
2.1be construed as precluding the personal representative trustee or successors in interest
2.2of the deceased party from pursuing a wrongful death action for all damages sustained
2.3before death pursuant to section 573.02 and other causes of action arising from the same
2.4occurrence including general damages suffered by a decedent before the decedent's death.
2.5(c) Notwithstanding paragraph (a), an injury or noninjury cause of action against a
2.6nursing home licensed under chapter 144A, a housing with services establishment under
2.7chapter 144D, or a boarding care home licensed under Minnesota Rules, chapters 4655
2.8and 4660, does not abate by the death of a party to the action if the action was pending at
2.9the time of the death or disability of the party. Paragraph (b) applies to actions specified
2.10by this paragraph.
2.11EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.12of action commenced on or after that date.
2.13 Sec. 3. REPEALER.
2.14Minnesota Statutes 2012, sections 573.01; and 573.02, subdivision 2, are repealed.
2.15EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.16of action commenced on or after that date.
1.3after the death or disability of a party;proposing coding for new law in
1.4Minnesota Statutes, chapter 540; repealing Minnesota Statutes 2012, sections
1.5573.01; 573.02, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [540.115] ACTION CONTINUES WHERE CAUSE OF ACTION
1.8SURVIVES.
1.9(a) An action does not abate by the death or other disability of a party or by the
1.10transfer of any interest therein if the cause of action survives or continues.
1.11(b) Notwithstanding paragraph (a), an action against a nursing home licensed under
1.12chapter 144A, a housing with services establishment under chapter 144D, or a boarding
1.13care home licensed under Minnesota Rules, chapters 4655 and 4660, does not abate by the
1.14death or other disability of a party or by the transfer of any interest therein if the action
1.15was pending at the time of the death or disability of the party.
1.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
1.17of action commenced on or after that date.
1.18 Sec. 2. [540.116] CAUSES OF ACTION SURVIVING DEATH OF PARTY;
1.19BROUGHT BY OR AGAINST LEGAL REPRESENTATIVE.
1.20(a) Any injury or noninjury cause of action survives the death of a party to the action.
1.21(b) The personal representatives of the deceased may be substituted as plaintiff and
1.22prosecute the suit to final judgment and satisfaction. A cause of action for death by wrongful
1.23act or omission is governed by section 573.02. Nothing in this chapter or chapter 573 shall
2.1be construed as precluding the personal representative trustee or successors in interest
2.2of the deceased party from pursuing a wrongful death action for all damages sustained
2.3before death pursuant to section 573.02 and other causes of action arising from the same
2.4occurrence including general damages suffered by a decedent before the decedent's death.
2.5(c) Notwithstanding paragraph (a), an injury or noninjury cause of action against a
2.6nursing home licensed under chapter 144A, a housing with services establishment under
2.7chapter 144D, or a boarding care home licensed under Minnesota Rules, chapters 4655
2.8and 4660, does not abate by the death of a party to the action if the action was pending at
2.9the time of the death or disability of the party. Paragraph (b) applies to actions specified
2.10by this paragraph.
2.11EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.12of action commenced on or after that date.
2.13 Sec. 3. REPEALER.
2.14Minnesota Statutes 2012, sections 573.01; and 573.02, subdivision 2, are repealed.
2.15EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.16of action commenced on or after that date.