The causes of action mentioned in sections 1451 and 1452 of this title shall survive. Actions based thereon may be commenced and prosecuted by or against
the executor or administrator. When the actions are commenced in the lifetime of the
deceased, after death the same may be prosecuted by or against the executor or administrator
where by law that mode of prosecution is authorized. (Amended 1985, No. 144 (Adj. Sess.), § 69; 2017, No. 195 (Adj. Sess.), § 7.)
Thayer v. Herdt, 586 A.2d 1122 (Vt. 1990). “14 V.S.A. § 1453. In addition, recovery may be had for the pecuniary injuries sustained by the decedent’s spouse and next of kin.”
State v. Therrien, 633 A.2d 272 (Vt. 1993). “While there have been amendments dealing with procedure, particularly to what is now 14 V.S.A. § 1453, there have been no substantive amendments to these provisions since their enactment.”
Viens v. Anthony Co., 282 F. Supp. 983 (D. Vt. 1968). “Viens has brought survival and wrongful death actions against Anthony Company, manufacturer of hydraulic lift gates, under 14 V.S.A. §§ 1453, 1491 and 1492. She seeks recovery for the pain and suffering of the decedent and the pecuniary loss suffered by his next of kin.”
Whitchurch v. Perry, 408 A.2d 627 (1979). · cites it 4ד§§ 1491-1492, and also under 14 V.S.A. § 1453 which provides, in part, that a cause of action for bodily injury survives the death of the victim.”
Serisky v. Rinehart (Vt. Super. Ct. 2024). “See 14 V.S.A. § 1453. The Hagan Group opposes Plaintiffs’ attempt to change their titles to “administrators” from “next friends” in the proposed amended complaint on the basis that the initial complaint was a “nullity” that cannot be amended.”
U.S. Equal Emp. Opportunity Comm'n v. Coughlin, Inc. (D. Vt. 2022). “Furthermore, causes of action for personal injury may be “commenced and prosecuted by or against the executor or administrator,” 14 V.S.A. § 1453, and actions for wrongful death must be brought by the deceased's “personal representative.”
Bilodeau v. Usinage Berthold, Inc. (D. Vt. 2024). “2d 627, 630 (1979) (noting that 14 V.S.A. § 1453 “authorizes the executor or administrator of an estate to prosecute the cause of action the decedent had, or would have had if death had not ensued”).”
Jakeway ex rel. Est. of Jakeway v. Siva (Vt. Super. Ct. 2012). “14 V.S.A. § 1453 cross references sections 1451 and 1452, which sufficiently include personal injury actions, of which a medical negligence case is a type, and specifically references claims commenced by an executor or administrator in addition to those commenced by the decedent…”
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