Avoiding contract, liability release, or indemnity agreement
entered into by partially emancipated minor prohibited
Sec. 3. A minor who has been partially emancipated under this
chapter (or IC 34-4-44.2 before its repeal) may not avoid a contract,
a liability release, or an indemnity agreement referred to in a court
order issued under this chapter (or IC 34-4-44.2 before its repeal) by
alleging that the minor was under a legal disability by reason of the
minor's age. No parent of a minor who has been partially
emancipated under this chapter (or IC 34-4-44.2 before its repeal)
may seek to have a contract, a liability release, or an indemnity
agreement signed by the partially emancipated minor as allowed
under this chapter set aside by reason of the minor's age at the time
the minor entered into the contract, regardless of whether the parent
participates in the partial emancipation proceeding or fits the
definition of a parent under IC 34-6-2-93.
As added by P.L.1-1998, SEC.24.
&DNM.IC 34-9-3
&YENC.
&YAMD.
Chapter 3. Survival of Cause of Action After Death of Party
&DNM.IC 34-9-3-1
&YENC.1998
&YAMD.1998
Continuing action after death of party
IC 34-9-3-1 Sec. 1. (a) If an individual who is entitled or liable in a
cause of action dies, the cause of action survives and may be brought
by or against the representative of the deceased party except actions
for:
(1) libel;
(2) slander;
(3) malicious prosecution;
(4) false imprisonment;
(5) invasion of privacy; and
(6) personal injuries to the deceased party;
which survive only to the extent provided in this chapter.
(b) An action under this chapter may be brought, or the court, on
motion, may allow the action to be continued by or against the legal
representatives or successors in interest of the deceased. The action is
considered a continued action and accrues to the representatives or
successors at the time the action would have accrued to the deceased
if the deceased had survived.
&HST.As added by P.L.1-1998, SEC.4.&EHST.
&DNM.IC 34-9-3-2
&YENC.1998
&YAMD.1998
Notice served on legal representatives
IC 34-9-3-2 Sec. 2. If an action is continued against the legal
representatives or successors of a defendant, a notice shall be served on
them as in the case of an original notice.
&HST.As added by P.L.1-1998, SEC.4.&EHST.
&DNM.IC 34-9-3-3
&YENC.1998
&YAMD.1998
Actions before and after defendant's death
IC 34-9-3-3 Sec. 3. (a) If an action commenced against the decedent
before the decedent's death, the action is continued by substituting the
decedent's personal representatives, as in other actions surviving the
defendant's death.
(b) If the action is brought after the death of a defendant, then the
action is prosecuted as are other claims against the decedent's estate.
&HST.As added by P.L.1-1998, SEC.4.&EHST.
&DNM.IC 34-9-3-4
&YENC.1998
&YAMD.1998
Action by decedent's representative based on personal injuries not
causing death
IC 34-9-3-4 Sec. 4. (a) This section applies when a person:
(1) receives personal injuries caused by the wrongful act or
omission of another; and
(2) subsequently dies from causes other than those personal
injuries.
(b) The personal representative of the decedent who was injured
may maintain an action against the wrongdoer to recover all damages
resulting before the date of death from those injuries that the decedent
would have been entitled to recover had the decedent lived. The
damages inure to the exclusive benefit of the decedent's estate.
&HST.As added by P.L.1-1998, SEC.4.&EHST.
&DNM.IC 34-9-3-5
&YENC.1998
&YAMD.1998
Personal injury claims; death of party pending appeal or before new
trial after reversal
IC 34-9-3-5 Sec. 5. (a) This section applies when:
(1) a person obtains a judgment for personal injuries against a
person, company, or corporation in a trial court;
(2) the person, company, or corporation against whom or which
the judgment was obtained appeals to the supreme court or the
court of appeals; and
(3) the judgment is reversed by the supreme court or the court of
appeals, with a new trial granted to the appellant.
(b) If a person who obtains a judgment dies:
(1) pending the appeal; or
(2) before a new trial after the reversal;
the claim for personal injuries survives and may be prosecuted by the
representative of the decedent, as other claims are prosecuted for and
on behalf of decedents' estates.
&HST.As added by P.L.1-1998, SEC.4.&EHST.
Last modified: May 24, 2006