46 U.S. Code § 30305 - Death of plaintiff in pending action

If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default, the personal representative of the decedent may be substituted as the plaintiff and the action may proceed under this chapter for the recovery authorized by this chapter.

Source

(Pub. L. 109–304, § 6(c),Oct. 6, 2006, 120 Stat. 1511.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
30305
46 App.:765.
Mar. 30, 1920, ch. 111, § 5, 41 Stat. 537.

The words “If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default” are substituted for “If a person die [sic] as the result of such wrongful act, neglect, or default as is mentioned in section 761 of this Appendix during the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such act, neglect, or default” to eliminate unnecessary words. The words “the plaintiff” are substituted for “a party” to be more precise.

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46 CFR - Shipping

46 CFR Part 327 - SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION

 

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