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Conn. Gen. Stat. § 52-599

Survival of cause of action. Continuation by or against executor or administrator

Applied in 14 court decisions — leading case 231 F. Supp. 447 - Montgomery v. Goodyear Tire & Rubber Company (1964)

Most recently applied in Navin v. Wells Fargo Bank, N.A. (August 2016)

(1949 Rev., S. 8337; 1953, S. 3235d; P.A. 82-160, S. 256; P.A. 87-237.) History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 87-237 amended Subsec

How often courts cite this section

196419701980199020002010201620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A cause or right of action shall not be lost or destroyed by the death of any person, but shall survive in favor of or against the executor or administrator of the deceased person.

(b) A civil action or proceeding shall not abate by reason of the death of any party thereto, but may be continued by or against the executor or administrator of the decedent. If a party plaintiff dies, his executor or administrator may enter within six months of the plaintiff's death or at any time prior to the action commencing trial and prosecute the action in the same manner as his testator or intestate might have done if he had lived. If a party defendant dies, the plaintiff, within one year after receiving written notification of the defendant's death, may apply to the court in which the action is pending for an order to substitute the decedent's executor or administrator in the place of the decedent, and, upon due service and return of the order, the action may proceed.

(c) The provisions of this section shall not apply: (1) To any cause or right of action or to any civil action or proceeding the purpose or object of which is defeated or rendered useless by the death of any party thereto, (2) to any civil action or proceeding whose prosecution or defense depends upon the continued existence of the persons who are plaintiffs or defendants, or (3) to any civil action upon a penal statute.

Official source: Connecticut General Assembly. Reproduced from public-domain Connecticut statutes; confirm against the official source for the current text. Not legal advice.