HF 1234

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; allowing recovery of 
  1.3             damages for emotional anguish and grief; amending 
  1.4             Minnesota Statutes 1994, section 573.02, subdivision 1.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 573.02, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  When death is caused by the wrongful act or 
  1.9   omission of any person or corporation, the trustee appointed as 
  1.10  provided in subdivision 3 may maintain an action therefor if the 
  1.11  decedent might have maintained an action, had the decedent 
  1.12  lived, for an injury caused by the wrongful act or omission.  An 
  1.13  action to recover damages for a death caused by the alleged 
  1.14  professional negligence of a physician, surgeon, dentist, 
  1.15  hospital or sanitarium, or an employee of a physician, surgeon, 
  1.16  dentist, hospital or sanitarium shall be commenced within the 
  1.17  time set forth in section 541.07, subdivision 1.  An action to 
  1.18  recover damages for a death caused by an intentional act 
  1.19  constituting murder may be commenced at any time after the death 
  1.20  of the decedent.  Any other action under this section may be 
  1.21  commenced within three years after the date of death provided 
  1.22  that the action must be commenced within six years after the act 
  1.23  or omission.  The recovery in the action under this section is 
  1.24  the amount the jury deems fair and just in reference to the 
  1.25  pecuniary loss and emotional anguish and grief resulting from 
  2.1   the death, and shall be for the exclusive benefit of the 
  2.2   surviving spouse and next of kin, proportionate to the pecuniary 
  2.3   loss and emotional anguish and grief severally suffered by the 
  2.4   death.  The court then determines the proportionate pecuniary 
  2.5   loss of the persons entitled to the recovery and orders 
  2.6   distribution accordingly.  Funeral expenses and any demand for 
  2.7   the support of the decedent allowed by the court having 
  2.8   jurisdiction of the action, are first deducted and paid.  
  2.9   Punitive damages may be awarded as provided in section 549.20.  
  2.10     If an action for the injury was commenced by the decedent 
  2.11  and not finally determined while living, it may be continued by 
  2.12  the trustee for recovery of damages for the exclusive benefit of 
  2.13  the surviving spouse and next of kin, proportionate to the 
  2.14  pecuniary loss and emotional anguish and grief severally 
  2.15  suffered by the death.  The court on motion shall make an order 
  2.16  allowing the continuance and directing pleadings to be made and 
  2.17  issues framed as in actions begun under this section. 
  2.18     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.19     Section 1 is effective August 1, 1995, and applies to 
  2.20  actions filed on or after that date.