Actions by or Against Personal Representative; Recovery of

Damages; Death of Plaintiff Before Judgment; Simultaneous Death.

(a)Except as provided in this Section, no cause of action shall be lost by reason of the death of any person but may be maintained by or against such person's personal representative.

(b)In an action brought under this Section against a personal representative, all damages may be awarded which might have been recovered against the decedent had the decedent lived, except damages awardable under 20 GCA § 2120 (Exemplary Damages) or damages imposed primarily for the sake of example and by way of punishing the defendant.

(c)When a person having a cause of action dies before judgment, the damages recoverable by the decedent's personal representative are limited to such loss or damage as the decedent sustained or incurred prior to death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and shall not include damages for pain, suffering or disfigurement. COL372014 CH. 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS WITH THE WILL ANNEXED AND ADMINISTRATORS

(d)This Section is applicable where a loss or damage occurs simultaneously with or after the death of a person who would have been liable therefore if such person's death had not preceded or occurred simultaneously with the loss or damage.

(e)Nothing in this Section shall be construed as making assignable things in action which are of such a nature as not to have been assignable prior to the enactment of this Section.