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H.B. 13 Enrolled
This act modifies the Judicial Code to define special damages and clarify the circumstances
under which they may be recovered in certain actions.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-11-12, as last amended by Chapter 113, Laws of Utah 1991
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-11-12 is amended to read:
78-11-12. Survival of action for injury to person or death upon death of wrongdoer
or injured person -- Exception and restriction to out-of-pocket expenses.
(1) (a) Causes of action arising out of personal injury to the person or death caused by the
wrongful act or negligence of another do not abate upon the death of the wrongdoer or the injured
person. The injured person or the personal representatives or heirs of the person who died have
a cause of action against the wrongdoer or the personal representatives of the wrongdoer for
special and general damages, subject to Subsection (1)(b).
(b) If prior to judgment or settlement the injured person dies as a result of a cause other
than the injury received as a result of the wrongful act or negligence of the wrongdoer, the personal
representatives or heirs of that person [
of action against the wrongdoer or personal representatives of the wrongdoer only for special
damages occurring prior to death that result from the injury caused by the wrongdoer, including
income loss. "Special damages" does not include pain and suffering, loss of enjoyment of life, and
other not readily quantifiable damages frequently referred to as general damages.
(2) Under Subsection (1) neither the injured person nor the personal representatives or
heirs of the person who died may recover judgment except upon competent satisfactory evidence
other than the testimony of that injured person.
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