42 Pa. Cons. Stat. § 8302
Survival action.
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§ 8302. Survival action.
All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.
Cross References. Section 8302 is referred to in section 3371 of Title 20 (Decedents, Estates and Fiduciaries).
Notes of Decisions
Cited in 139
cases (37 in the last 5 years), 1977–2026 · leading case: Amadio v. Levin
Amadio v. Levin (1985)
“The question in this case is whether there exists a cause of action for negligence on behalf of a stillborn child which survives for prosecution by the parents/administrators under the Survival Act, 42 Pa.C.S. § 8302, and whether the parents of a stillborn child can have a cause…”
Nicole Haberle v. Daniel Troxell (2018)
“584, 588 (1978))); see also 42 Pa. Cons. Stat. Ann. § 8302 (“All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.”
Clingerman v. Sadowski (1986)
“Our result in the instant case, holding that the action for partition survives, is further bolstered by 42 Pa.C.S. § 8302, which provides: All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or…”
Tulewicz v. Southeastern Pennsylvania Transportation Authority (1992)
“2d 659 (1942); 42 Pa.C.S. § 8302. The damages here are measured by the pecuniary loss to decedent.”
Garfield v. Homowack Lodge, Inc. (1977)
“[4] *400 According to 42 Pa.C.S. § 8302, [5] a foreign corporation "which shall have done any business in this Commonwealth without procuring a certificate of authority to do so from the Department of State as required by statute, shall be conclusively presumed to have…”
Baumgart v. Keene Building Products Corp. (1993)
“Pursuant to 42 Pa.C.S. § 8302, the cause of action survives the death of the injured person and continues in the decedent's personal representative.”
Kiser v. Schulte (1994)
“§ 8301, and the survival action was brought pursuant to 42 Pa.C.S. § 8302. [2] The Kisers incurred funeral expenses of $8,411.”
Anthony v. Koppers Co., Inc. (1981)
“…Act of 1972 (Act), as amended, 20 Pa.C.S. § 3371 and Section 3373 of the Act, 20 Pa.C.S. § 3373, currently 42 Pa.C.S. § 8302.”
Valentino, M., Aplt. v. Phila. Triathlon, LLC (2019)
“1 See Amended Complaint at ¶¶ 26-28, 34-36, citing 42 Pa.C.S. § 8302 (Survival Act provides "[a]ll causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant .”
Miles v. Apex Marine Corp. (1990)
“434, 435 (1903); 42 Pa. Cons. Stat. §8302 (1988); Incollingo v.”
Ponzini v. PrimeCare Medical, Inc. (2017)
“The jury awarded Plaintiffs $800,000 under Pennsylvania’s Survival Act, 42 Pa.C.S. § 8302. A survival action: is brought by the administrator of the decedent’s estate in order to recover the loss to the estate' of the decedent resulting from the tort.”
Commonwealth v. Booth (2001)
“§ 8301, and the Survival Statute, 42 Pa.C.S. § 8302, on behalf of a child who was stillborn as a result of injuries sustained en ventre sa mere.”
— 42 Pa. Cons. Stat. § 8302(a) — 2 cases
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