HF 2227

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:49pm

A bill for an act
relating to civil actions; modifying survival actions; amending Minnesota Statutes
2018, section 573.01.

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

Section 1.

Minnesota Statutes 2018, section 573.01, is amended to read:

573.01 SURVIVAL OF CAUSES.

new text begin Subdivision 1. new text end

new text begin Generally. new text end

A cause of action arising out of an injury to the person dies
with the person of the party in whose favor it exists, except as provided new text begin in subdivision 2 or
new text end in 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 Subd. 2. new text end

new text begin Intentional torts. new text end

new text begin The limitation provided under subdivision 1 does not apply
to claims against a tortfeasor that committed an intentional tort, provided a lawsuit had
already been served at the time of the decedent's death.
new text end

new text begin Subd. 3. new text end

new text begin Limitation on damages. new text end

new text begin The maximum recoverable damages for an action or
claim under subdivision 2 is $100,000.
new text end