Validity of exception for specific kind of tort action in survival statute, 77 A.L.R.3d 1349.
Modern status: inheritability or descendability of right to contest will, 11 A.L.R.4th 907.
Claim for punitive damages in tort action as surviving death of tortfeasor or person wronged, 30 A.L.R.4th 707.
Abatement of state criminal case by accused’s death pending appeal of conviction—modern cases, 80 A.L.R.4th 189.
actions; survival of cause; no
punitive damages against representative.
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.