Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 347--S.F.No. 194
           An act relating to causes of action; providing that 
          certain causes of action survive the death of a party; 
          allowing award of punitive damages in actions for 
          death by wrongful act; clarifying the time limitation 
          for bringing an action for wrongful death when the act 
          constitutes murder; amending Minnesota Statutes 1982, 
          sections 573.01; and 573.02, subdivisions 1 and 4.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, 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 section 573.02.  It also dies with the 
person against whom it exists, except a cause of action arising 
out of bodily injuries or death caused by the negligence of a 
decedent or based upon strict liability, statutory liability or 
breach of warranty of a decedent, survives against his personal 
representatives.  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.  
    Sec. 2.  Minnesota Statutes 1982, section 573.02, 
subdivision 1, is amended to read:  
    Subdivision 1.  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 he 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 
sanatorium, or an employee of a physician, surgeon, dentist, 
hospital or sanatorium shall be commenced within the time set 
forth in section 541.07, subdivision 1.  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 in reference to 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 during his life, it may be continued 
by the trustee for recovery of 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. 
     Sec. 3.  Minnesota Statutes 1982, section 573.02, 
subdivision 4, is amended to read: 
    Subd. 4.  This section shall not apply to any death or 
cause of action arising prior to its enactment, nor to any 
action or proceeding now pending in any court of the state of 
Minnesota, except, notwithstanding section 645.21, this section 
shall apply to any death or cause of action arising prior to its 
enactment which resulted from an intentional act constituting 
murder, and to any such action or proceeding now pending in any 
court of the state of Minnesota with respect to issues on which 
a final judgment has not been entered. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment 
and applies to all causes of action arising on or after that 
date.  Sections 2 and 3 are effective the day following final 
enactment. 
    Approved June 14, 1983