19 GCA § 31104
Personal Injury Action; Death does not Abate; Damages when
View official PDF ↗Plaintiff Dies Before Judgment; Assignment of Cause of Actions Prohibited. A thing of action arising out of a wrong which results in physical injury to the person or out of a statute imposing liability for such injury shall not abate by reason of the death of the wrongdoer or any other person liable for damages for such injury; nor by reason of the death of a person injured or of any other person who owns any such things in action. When the person entitled to maintain such an action dies before judgment, damages recoverable for such injury shall be limited to loss of earnings and expenses sustained or incurred as a result of the injury by the deceased prior to his death, and shall not include damages for pain, suffering or disfigurement, nor punitive or exemplary damages, nor prospective profits or earnings after the date of death. The damages recovered shall form part of the estate of the deceased. Nothing in this section shall be construed as making such thing in action assignable.
§ The story of this section
- Enacted by P.L. 8-115 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 2020 Guam 3 — Robert Kittel and Laura Kittel vs. Guam Memorial Hospital Authority, Vincent A. Duenas M.D., and Steven Hayashida, M.D., (2020) · per Robert J. Torres, J.
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.