Personal injury claims; death of party pending appeal or before new trial after reversal

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. [Pre-1998 Recodification Citation: 34-4-21-1.] As added by P.L.1-1998, SEC.4.