Georgia Statutes
§ 9-2-41 — Nonabatement of tort actions; survival of cause; no punitive damages against representative
Georgia § 9-2-41
JurisdictionGeorgia
Title9
This text of Georgia § 9-2-41 (Nonabatement of tort actions; survival of cause; no punitive damages against representative) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 9-2-41 (2026).
Text
No action for a tort shall abate by the death of either party, where the wrongdoer received any benefit from the tort complained of; nor shall any action or cause of action for the recovery of damages for homicide, injury to the person, or injury to property abate by the death of either party. The cause of action, in case of the death of the plaintiff and in the event there is no right of survivorship in any other person, shall survive to the personal representative of the deceased plaintiff. In case of the death of the defendant, the cause of action shall survive against said defendant's personal representative. However, in the event of the death of the wrongdoer before an action has been brought against him, the personal representative of the wrongdoer in such capacity shall be subject t
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Related
Brogdon Ex Rel. Cline v. National Healthcare Corp.
103 F. Supp. 2d 1322 (N.D. Georgia, 2000)
Gilmere v. City of Atlanta
737 F.2d 894 (Eleventh Circuit, 1984)
Georgia Osteopathic Hospital, Inc. v. O'Neal
403 S.E.2d 235 (Court of Appeals of Georgia, 1991)
Gay v. Piggly Wiggly Southern, Inc.
358 S.E.2d 468 (Court of Appeals of Georgia, 1987)
Kilgo v. Bowman Transportation, Inc.
789 F.2d 859 (Eleventh Circuit, 1986)
Carroll Fulmer Logistics Corp. v. Hines
710 S.E.2d 888 (Court of Appeals of Georgia, 2011)
Walden v. John D. Archbold Memorial Hospital, Inc.
398 S.E.2d 271 (Court of Appeals of Georgia, 1990)
State Farm Mutual Insurance Company v. Kuharik
347 S.E.2d 281 (Court of Appeals of Georgia, 1986)
Anderson v. Bruce
548 S.E.2d 638 (Court of Appeals of Georgia, 2001)
Hosley v. Davidson
439 S.E.2d 742 (Court of Appeals of Georgia, 1993)
Camacho v. Nationwide Mutual Insurance
13 F. Supp. 3d 1343 (N.D. Georgia, 2014)
Velez v. Bethune
466 S.E.2d 627 (Court of Appeals of Georgia, 1995)
Nalley v. Langdale
734 S.E.2d 908 (Court of Appeals of Georgia, 2012)
American General Life & Accident Insurance v. Ward
509 F. Supp. 2d 1324 (N.D. Georgia, 2007)
Peters v. HOSPITAL AUTH. OF ELBERT CTY.
458 S.E.2d 628 (Supreme Court of Georgia, 1995)
MAYOR AND CITY COUNCIL OF THE CITY OF RICHMOND HILL Et Al. v. MAIA
784 S.E.2d 894 (Court of Appeals of Georgia, 2016)
In the Interest of Hudson
685 S.E.2d 323 (Court of Appeals of Georgia, 2009)
Blackstone v. Blackstone
639 S.E.2d 369 (Court of Appeals of Georgia, 2006)
BIBBS v. TOYOTA MOTOR CORPORATION
304 Ga. 68 (Supreme Court of Georgia, 2018)
Bibbs v. Toyota Motor Corp.
815 S.E.2d 850 (Supreme Court of Georgia, 2018)
Nearby Sections
15
§ 9-10-10
Cash bonds permitted; docketing§ 9-10-11
When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond§ 9-10-113
When verification sufficient§ 9-10-130
When affidavits amendable§ 9-10-131
Bonds in judicial proceedings amendable§ 9-10-132
Amendment of misnomers on motion§ 9-10-133
Mistake by clerk or ministerial officerCite This Page — Counsel Stack
Bluebook (online)
Georgia § 9-2-41, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/9-2-41.