In an action for the recovery of damages for a bodily hurt or injury, occasioned to
the plaintiff by the act or default of the defendant or defendants, if either party
dies during the pendency of the action, the action shall survive and may be prosecuted
to final judgment by or against the executors or administrators of the deceased party.
When there are several defendants in the action, and one or more, but not all, die,
it shall be prosecuted against the surviving defendant or defendants, and against
the estate of the deceased defendant or defendants. (Amended 1977, No. 120 (Adj. Sess.), § 1, eff. Feb. 9, 1978; 2017, No. 195 (Adj. Sess.), § 7.)
Notes of Decisions
Cited in 5
cases (3 in the last 5 years), 1977–2025 · leading case: Merrill v. Reville, 380 A.2d 96 (Vt. 1977).
Merrill v. Reville, 380 A.2d 96 (Vt. 1977). “§ 1491, and for bodily hurt caused by the act or default of another, a survival action authorized by 14 V.S.A. §§ 1452, 1453. The defendant denied the allegations of negligence and moved to dismiss on the ground that the action was barred by 14 V.”
wallace v. lawrence, No. 766-12-10 wrcv (Vt. Super. Ct. Dec. 29, 2023). · cites it 3דThe relevant survival statute provides as follows: “In an action for the recovery of damages for a bodily hurt or injury, occasioned to the plaintiff by the act or default of the defendant or defendants, if either party dies during the pendency of such action, the action shall…”
Wallace v. Lawrence, No. 766 (Vt. Super. Ct. Oct. 8, 2014). · cites it 3דThe relevant survival statute provides as follows: “In an action for the recovery of damages for a bodily hurt or injury, occasioned to the plaintiff by the act or default of the defendant or defendants, if either party dies during the pendency of such action, the action shall…”
Martino v. Islamic Repub. of Iran, No. 2021-1808 (D.D.C. Oct. 31, 2025). “7 (citing Vt. Stat. Ann. tit. 14, § 1452 (2024)). Attribution Report).”
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