Minn. Stat. » CHAPTER 573. PERSONAL REPRESENTATIVES, HEIRS; ACTIONS

Minn. Stat. § 573.01

Survival Of Causes

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A cause of action arising out of an injury to the person survives the death of any party in accordance with section 573.02. 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.

Notes of Decisions
Cited in 85 cases (7 in the last 5 years), 1944–2024 · leading case: Thompson v. Estate of Petroff
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Thompson v. Estate of Petroff (1982) minn · cites it 13× “Following her acquittal, she brought this action against Petroff’s estate for compensatory and punitive damages.”
Johnson v. Consolidated Freightways, Inc. (1988) minn · cites it 8× “We likewise rejected the archaic rationale for abatement when we struck as unconstitutional the exclusion of intentional torts from Minnesota’s general survival statute, Minn.Stat. § 573.01. Thompson v. Estate of Petroff, 319 N.”
Johnson v. Taylor (1989) minnctapp · cites it 16× “The trial court granted respondent's motion for summary judgment finding that the malpractice action terminated upon Johnson's death pursuant to Minn. Stat. § 573.01 (1986). Appellant seeks review of the judgment.”
ADT SECURITY SERVICES, INC. v. Swenson (2009) mnd · cites it 13× “See Minn.Stat. § 573.01 (contemplating the survival of claims sounding in contract).”
Miklas v. Parrott (2004) minn · cites it 8× “" Minn.Stat. § 573.01 (2002). Because a trustee was not appointed within the 3-year time limit of Minn.”
RISK EX REL. MILLER v. Stark (2010) minnctapp · cites it 8× “The general rule is that all “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.”
Deal v. Northwood Children's Home Society, Inc. (2000) minnctapp · cites it 12× “Respondents moved to dismiss the complaint subject to payment of special damages, pursuant to Minn.Stat. §§ 573.01, .02, subd. 2 (1998).”
Butts ex rel. Iverson v. Evangelical Lutheran Good Samaritan Society (2011) minnctapp · cites it 16× “Appellants challenge the district court’s grant of motions to voluntarily dismiss personal-injury claims that, under Minn. Stat. § 573.01 , abated upon the death of the victims, and appellants challenge denial of their motions for summary judgment under the same statute.”
Sec. Bank & Trust Co. v. Larkin, Hoffman, Daly & Lindgren, Ltd. (2018) minn · cites it 5× “3-703 , as a matter of law, affords a personal representative standing to pursue any legal-malpractice claim on behalf of a deceased client because those claims "survive" to the personal representative under Minn. Stat. § 573.01 (2016). Minnesota Statutes § 573.”
Bonhiver v. Fugelso, Porter, Simich & Whiteman, Inc. (1984) minn · cites it 6× “When Moira Bonhiver died, Minn. Stat. §§ 573.01 -.02 (1976) were in effect.”
V.H. v. Estate of Birnbaum (1996) minn · cites it 6× “Minn.Stat. § 573.01 (1994). Aufderhaar, the duly-appointed personal representative of Birnbaum’s estate, was personally served with Y.”
Weber Ex Rel. Weber v. Anderson (1978) minn · cites it 3× “Section 573.01 provides as follows: “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.”
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