SF 1374

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 08/24/2015 09:53am

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.

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 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 commenced before the death or other disability
of a party. Minnesota Rules of Civil Procedure, rule 3.01, applies to a determination of
when an action is commenced.
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 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 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 dies with the person of the
party in whose favor it exists, except as provided in deleted text begin section deleted text end new text begin sections 540.121 and new text end 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.