language to be deleted (2) new language
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
Official Publication of the State of Minnesota
Revisor of Statutes