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Subdivision 1.Death action.
When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission. An action to recover damages for a death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall be commenced within three years of the date of death, but in no event shall be commenced beyond the time set forth in section 541.076. An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent. Any other action under this section may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission. The recovery in the action is the amount the jury deems fair and just for all damages suffered by the decedent resulting from the injury prior to the decedent's death and the pecuniary loss resulting from the death, and shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly. Funeral expenses and any demand for the support of the decedent allowed by the court having jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as provided in section 549.20.
If an action for the injury was commenced by the decedent and not finally determined while living, it may be continued by the trustee for recovery of all damages for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court on motion shall make an order allowing the continuance and directing pleadings to be made and issues framed as in actions begun under this section.
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Subd. 2.Injury action.
When injury is caused to a person by the wrongful act or omission of any person or corporation and the person thereafter dies from a cause unrelated to those injuries, the trustee appointed in subdivision 3 may maintain an action for all damages arising out of such injury if the decedent might have maintained an action therefor had the decedent lived. An action under this subdivision may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission.
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Subd. 3.Trustee for action.
Upon written petition by the surviving spouse or one of the next of kin, the court having jurisdiction of an action falling within the provisions of subdivisions 1 or 2, shall appoint a suitable and competent person as trustee to commence or continue such action and obtain recovery of damages therein. The trustee, before commencing duties shall file a consent and oath. Before receiving any money, the trustee shall file a bond as security therefor in such form and with such sureties as the court may require.
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Subd. 4.Applicability.
This section shall not apply to any death or cause of action arising prior to its enactment, nor to any action or proceeding now pending in any court of the state of Minnesota, except, notwithstanding section 645.21, this section shall apply to any death or cause of action arising prior to its enactment which resulted from an intentional act constituting murder, and to any such action or proceeding now pending in any court of the state of Minnesota with respect to issues on which a final judgment has not been entered.
Notes of Decisions
Ortiz Ex Rel. Ortiz v. Gavenda, 590 N.W.2d 119 (Minn. 1999).
· cites it 78× “The trial court concluded that the statutory time limit of three years for bringing the action in the name of the trustee in Minn.Stat. § 573.02 (1998) was a condition precedent to maintaining a wrongful death action and therefore the consequences of failing to bring the action…”
Bonhiver v. Fugelso, Porter, Simich & Whiteman, Inc., 355 N.W.2d 138 (Minn. 1984).
· cites it 46× “This appeal, arising out of the injuries and subsequent death of Moira Bonhiver, requires us to construe certain limitation provisions contained in Minnesota’s wrongful death statute, Minn.Stat. § 573.02 (1976). In addition, we must address whether the trial court’s dismissal of…”
Regie De L'Assurance Auto. Du Quebec v. Jensen, 399 N.W.2d 85 (Minn. 1987).
· cites it 34× “05 (1986); and (4) that such amendment would “relate back” so as to toll the running of the three-year commencement of suit limitation period contained in Minn.Stat. §§ 573.02, subd. 1 (1986). The Regie by filing a notice of review appealed the holding it could not maintain the…”
Johnson v. Consol. Freightways, Inc., 420 N.W.2d 608 (Minn. 1988).
· cites it 22× “Defendant contends Minn.Stat. § 573.02 (1986) unambiguously creates a right personal to the surviving spouse and next of kin, which therefore abates upon the beneficiary’s death.”
James Ariola, as next of kin of, & Tr. for, the Est. of Jack Ariola Erenberg, his son, & the Class of Beneficiaries, Pursuant to Minn. Stat. 573.02 v. The City of Stillwater, Minnesota, 889 N.W.2d 340 (Minn. Ct. App. 2017).
· cites it 26× “Accordingly, the three-year statute of limitations provided in Minnesota’s wrongful-death statute, Minn. Stat. § 573.02 , is “jurisdictional, requiring dismissal for failure to comply” and does “not have flexible parameters permitting [it] to be ignored if [its] application is…”
Murphy v. Allina Health Sys., 668 N.W.2d 17 (Minn. Ct. App. 2003).
· cites it 29× “On February 14, 2002, respondent George Murphy, the surviving spouse of Mary Murphy, commenced this lawsuit as trustee under Minn.Stat. § 573.02, subd. 1 (2000), the wrongful-death statute, alleging negligence against appellants Allina Health System (doing business as United…”
Tezak v. Bachke, 698 N.W.2d 37 (Minn. Ct. App. 2005).
· cites it 42× “Appellants, who are liable for a decedent's special damages arising out of an automobile accident, challenge the district court's summary judgment determination that respondent may recover, as special damages under Minn.Stat. § 573.02, subd. 2, the full amount of decedent's…”
Wynkoop v. Carpenter, 574 N.W.2d 422 (Minn. 1998).
· cites it 15× “The Hennepin County District Court ruled that Ian’s brother, Shane Wynkoop, was not Ian’s “next of kin” within the meaning of the wrongful death statute, Minn.Stat. § 573.02 (1996), and thus was not entitled to recover *424 pecuniary damages.”
State v. Soto, 378 N.W.2d 625 (Minn. 1985).
· cites it 12× “In fact, the Verkennes court took some pains to limit its holding to Minn.Stat. § 573.02. The court's opinion in Verkennes proclaims neither an expanded common law definition of "person" or "human being" for the general civil law, nor, most assuredly, does it purport to furnish…”
Miklas v. Parrott, 684 N.W.2d 458 (Minn. 2004).
· cites it 19× “The central issue in this case is whether the statutory definition of uninsured motorist coverage that limits coverage to those "legally entitled to recover damages" should be read to mean that in wrongful death cases the trustee must comply with the three-year statute of…”
DeCosse v. Armstrong Cork Co., 319 N.W.2d 45 (Minn. 1982).
· cites it 12× “1 Defendant below, Owens-Corning Fiberglas Corporation, moved for judgment on the pleadings February 4, 1981, arguing that the action was commenced outside the limitation period prescribed by the Minnesota Wrongful Death Act, Minn.Stat. § 573.02, subd. 1 (1976). The other…”
— Minn. Stat. § 573.02(1) — 5 cases
— Minn. Stat. § 573.02(3) — 1 case
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