SF 693

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/09/2014 02:43 p.m.

1.1A bill for an act 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. new text begin [540.115] ACTION CONTINUES WHERE CAUSE OF ACTION new text end 1.8 new text begin SURVIVES. new text end 1.9 new text begin (a) An action does not abate by the death or other disability of a party or by the new text end 1.10 new text begin transfer of any interest therein if the cause of action survives or continues. new text end 1.11 new text begin (b) Notwithstanding paragraph (a), an action against a nursing home licensed under new text end 1.12 new text begin chapter 144A, a housing with services establishment under chapter 144D, or a boarding new text end 1.13 new text begin care home licensed under Minnesota Rules, chapters 4655 and 4660, does not abate by the new text end 1.14 new text begin death or other disability of a party or by the transfer of any interest therein if the action new text end 1.15 new text begin was pending at the time of the death or disability of the party. new text end 1.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2013, and applies to causes new text end 1.17 new text begin of action commenced on or after that date. new text end 1.18    Sec. 2. new text begin [540.116] CAUSES OF ACTION SURVIVING DEATH OF PARTY; new text end 1.19 new text begin BROUGHT BY OR AGAINST LEGAL REPRESENTATIVE. new text end 1.20 new text begin (a) Any injury or noninjury cause of action survives the death of a party to the action. new text end 1.21 new text begin (b) The personal representatives of the deceased may be substituted as plaintiff and new text end 1.22 new text begin prosecute the suit to final judgment and satisfaction. A cause of action for death by wrongful new text end 1.23 new text begin act or omission is governed by section 573.02. Nothing in this chapter or chapter 573 shall new text end 2.1 new text begin be construed as precluding the personal representative trustee or successors in interest new text end 2.2 new text begin of the deceased party from pursuing a wrongful death action for all damages sustained new text end 2.3 new text begin before death pursuant to section 573.02 and other causes of action arising from the same new text end 2.4 new text begin occurrence including general damages suffered by a decedent before the decedent's death. new text end 2.5 new text begin (c) Notwithstanding paragraph (a), an injury or noninjury cause of action against a new text end 2.6 new text begin nursing home licensed under chapter 144A, a housing with services establishment under new text end 2.7 new text begin chapter 144D, or a boarding care home licensed under Minnesota Rules, chapters 4655 new text end 2.8 new text begin and 4660, does not abate by the death of a party to the action if the action was pending at new text end 2.9 new text begin the time of the death or disability of the party. Paragraph (b) applies to actions specified new text end 2.10 new text begin by this paragraph. new text end 2.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2013, and applies to causes new text end 2.12 new text begin of action commenced on or after that date. new text end 2.13    Sec. 3. new text begin REPEALER. new text end 2.14 new text begin Minnesota Statutes 2012, sections 573.01; and 573.02, subdivision 2, new text end new text begin are repealed. new text end 2.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2013, and applies to causes new text end 2.16 new text begin of action commenced on or after that date. new text end