20-5-103 - Causes surviving death of tort-feasor.
20-5-103. Causes surviving death of tort-feasor.
(a) In all cases where a person commits a tortious or wrongful act causing injury or death to another, or property damage, and the person committing the wrongful act dies before suit is instituted to recover damages, the death of that person shall not abate any cause of action that the plaintiff would have otherwise had, but the cause of action shall survive and may be prosecuted against the personal representative of the tort-feasor or wrongdoer.
(b) The common law rule abating such actions upon the death of the wrongdoer and before suit is commenced is abrogated.
(c) This section shall not apply to actions for wrongs affecting the character of the plaintiff.
[Acts 1935, ch. 104, § 1; mod. C. Supp. 1950, § 8243.1; T.C.A. (orig. ed.), § 20-603.]