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HF 1810

as introduced - 89th Legislature (2015 - 2016) Posted on 03/12/2015 02:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil actions; providing for the survival or continuation of an action
after the death or disability of a party; amending Minnesota Statutes 2014,
section 573.01; proposing coding for new law in Minnesota Statutes, chapter
540; repealing Minnesota Statutes 2014, sections 540.12; 573.02, subdivision 2.

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

Section 1.

new text begin [540.121] SURVIVAL OF ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Cause of action survives. new text end

new text begin An injury or noninjury cause of action,
including all causes of action arising from the same occurrence, does not abate by the
death or other disability of a party or by the transfer of any interest in the cause of action if
the cause of action survives or continues and it was:
new text end

new text begin (1) pending at the time of death or other disability of a party; or
new text end

new text begin (2) commenced after death in the times prescribed in section 573.02, subdivision 1.
new text end

new text begin Subd. 2. new text end

new text begin Legal representative of decedent. new text end

new text begin The personal representative or
successor in interest of the decedent may pursue or defend the cause of action to settlement
or final judgment and satisfaction.
new text end

new text begin Subd. 3. new text end

new text begin Relation to other law. new text end

new text begin (a) This section does not create a right of the next of
kin to sue for their own pain and suffering as the result of the wrongful death of another.
new text end

new text begin (b) This section does not preclude the personal representative or successor in interest
of the decedent from pursuing an award for all damages sustained by the decedent before
the decedent's death, including general damages. The recovery of damages under this
section is for the benefit of the heirs and next of kin only, however the damages are
characterized. The damages otherwise recoverable by the heirs and the next of kin in a
wrongful death action under section 573.02 are not affected by this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
actions commenced on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, 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 begindiesdeleted text endnew text begin does not dienew text end with the
person of the party in whose favor it existsdeleted text begin, except as provided in section 573.02deleted text end. All deleted text beginotherdeleted text end
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 August 1, 2015, and applies to
actions commenced on or after that date.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 540.12; and 573.02, subdivision 2, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
actions commenced on or after that date.
new text end