5-327. PERSONAL INJURIES — PROPERTY DAMAGE — DEATH OF WRONGDOER — DEATH OF INJURED PARTY — SURVIVAL OF ACTION. (1) Causes of action arising out of injury to the person or property, or death, caused by the wrongful act or negligence of another, except actions for slander or libel, shall not abate upon the death of the wrongdoer, and each injured person or the personal representative of each one meeting death, as above stated, shall have a cause of action against the personal representative of the wrongdoer; provided, however, the punitive damages or exemplary damages shall not be awarded nor penalties adjudged in any such action; provided, however, that the injured person shall not recover judgment except upon some competent, satisfactory evidence corroborating the testimony of said injured person regarding negligence and proximate cause.
(2) A cause of action for personal injury or property damage caused by the wrongful act or negligence of another shall not abate upon the death of the injured person from causes not related to the wrongful act or negligence. Provided however, that the damages that may be recovered in such action are expressly limited to those for: (i) medical expenses actually incurred, (ii) other out-of-pocket expenses actually incurred, and (iii) loss of earnings actually suffered, prior to the death of such injured person and as a result of the wrongful act or negligence. Such action shall be commenced or, if already commenced at the time of the death of the injured person, shall be thereafter prosecuted by the personal representative of the estate of the deceased person or, if there be no personal representative appointed, then by those persons who would be entitled to succeed to the property of the deceased person according to the provisions of section 5-311(2)(a), Idaho Code.
History:
[5-327, added 1949, ch. 47, sec. 1, p. 82; am. 1965, ch. 137, sec. 1, p. 270; am. 1971, ch. 209, sec. 1, p. 918; am. 2010, ch. 349, sec. 2, p. 912.]
Structure Idaho Code
Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
Chapter 3 - PARTIES TO ACTIONS
Section 5-302 - ASSIGNMENT OF THING IN ACTION.
Section 5-304 - MARRIED WOMEN AS PARTIES.
Section 5-305 - HUSBAND AND WIFE SUED TOGETHER.
Section 5-306 - INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM.
Section 5-308 - ACTION FOR SEDUCTION.
Section 5-309 - ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN.
Section 5-310 - ACTION FOR INJURY TO UNMARRIED CHILD.
Section 5-311 - SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES — DAMAGES.
Section 5-319 - DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS.
Section 5-326 - UNKNOWN OWNERS OR HEIRS — EFFECT OF JUDGMENTS AND DECREES.
Section 5-328 - STATE A PARTY DEFENDANT IN SUIT AFFECTING TITLE TO REAL OR PERSONAL PROPERTY.
Section 5-329 - SERVICE OF PROCESS UPON ATTORNEY GENERAL.
Section 5-330 - IMMUNITY OF PERSONS GIVING EMERGENCY FIRST AID FROM DAMAGE CLAIM.
Section 5-331 - IMMUNITY OF VOLUNTEER AMBULANCE ATTENDANT.
Section 5-332 - CONSENT FOR EMERGENCY MEDICAL TREATMENT.
Section 5-334 - ACT OR OMISSION PREVENTING ABORTION NOT ACTIONABLE.
Section 5-335 - GENERAL RULES OF PLEADING — CLAIMS FOR RELIEF.
Section 5-336 - DEMAND FOR JUDGMENT — DEFAULT JUDGMENTS.
Section 5-337 - IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR (AED).
Section 5-338 - IMMUNITY OF DONORS OF WILD GAME MEAT.
Section 5-339 - IMMUNITY OF FOOD DONOR AND FOOD BANK.
Section 5-341 - IMMUNITY OF EMPLOYERS ALLOWING EMPLOYEE FIREARM STORAGE.
Section 5-342 - IMMUNITY FOR SEARCH AND RESCUE OPERATIONS.
Section 5-343 - IMMUNITY OF COLLEGES AND UNIVERSITIES ALLOWING FIREARMS.
Section 5-344 - IMMUNITY — AID TO PERSON IN VEHICLE.