Title 9, Chapter 2, Section 41
( 9-2-41)
No action for a tort shall abate by the death of either party, where
the wrongdoer received any benefit from the tort complained of; nor
shall any action or cause of action for the recovery of damages for
homicide, injury to the person, or injury to property abate by the
death of either party. The cause of action, in case of the death of
the plaintiff and in the event there is no right of survivorship in
any other person, shall survive to the personal representative of
the deceased plaintiff. In case of the death of the defendant, the
cause of action shall survive against said defendant's personal
representative. However, in the event of the death of the wrongdoer
before an action has been brought against him, the personal
representative of the wrongdoer in such capacity shall be subject to
the action just as the wrongdoer himself would have been during his
life, provided that there shall be no punitive damages against the
personal representative. |