HF 1019

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/13/2023 09:29pm

A bill for an act
relating to civil actions; modifying the survival of certain causes of action;
amending Minnesota Statutes 2022, sections 573.01; 573.02, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 573.01, is amended to read:

573.01 SURVIVAL OF CAUSES.

A cause of action arising out of an injury to the person deleted text begin dies with the person of the party
in whose favor it exists, except as provided in deleted text end new text begin survives the death of any party in accordance
with new text end section 573.02. All other causes of action by one against another, whether arising on
contract or not, survive to the personal representatives of the former and against those of
the latter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 573.02, subdivision 1, is amended to read:

Subdivision 1.

Death action.

When death is caused by the wrongful act or omission of
any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. Any other action under this section may be commenced within three
years after the date of death provided that the action must be commenced within six years
after the act or omission. The recovery in the action is the amount the jury deems fair and
just deleted text begin in reference to deleted text end new text begin for all damages suffered by the decedent resulting from the injury prior
to the decedent's death and new text end the pecuniary loss resulting from the death, and shall be for the
exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The court then determines the proportionate pecuniary
loss of the persons entitled to the recovery and orders distribution accordingly. Funeral
expenses and any demand for the support of the decedent allowed by the court having
jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as
provided in section 549.20.

If an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery of new text begin all new text end damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 573.02, subdivision 2, is amended to read:

Subd. 2.

Injury action.

When injury is caused to a person by the wrongful act or omission
of any person or corporation and the person thereafter dies from a cause unrelated to those
injuries, the trustee appointed in subdivision 3 may maintain an action for deleted text begin special damages deleted text end
new text begin all damages new text end arising out of such injury if the decedent might have maintained an action
therefor had the decedent lived. new text begin An action under this subdivision may be commenced within
three years after the date of death provided that the action must be commenced within six
years after the act or omission.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end