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Ind. Code § 34-9-3-1

Continuing action after death of party

Applied in 12 court decisions — leading case Sanford v. Castleton Health Care Center, LLC (2004)

Most recently applied in James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner v. Albert Milford, D.O. (February 2019)

As added by P.L.1-1998, SEC.4.

How often courts cite this section

20002010201920
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.

Sec. 1. (a) If an individual who is entitled or liable in a cause of action dies, the cause of action survives and may be brought by or against the representative of the deceased party except actions for:

(1) libel;

(2) slander;

(3) malicious prosecution;

(4) false imprisonment;

(5) invasion of privacy; and

(6) personal injuries to the deceased party;

which survive only to the extent provided in this chapter.

(b) An action under this chapter may be brought, or the court, on motion, may allow the action to be continued by or against the legal representatives or successors in interest of the deceased. The action is considered a continued action and accrues to the representatives or successors at the time the action would have accrued to the deceased if the deceased had survived.

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