§663-7  Survival of cause of action.  A
cause of action arising out of a wrongful act, neglect, or default, except a
cause of action for defamation or malicious prosecution, shall not be
extinguished by reason of the death of the injured person.  The cause of action
shall survive in favor of the legal representative of the person and any
damages recovered shall form part of the estate of the deceased. [L 1955, c
205, §2; RL 1955, §246-6; HRS §663-7; am L 1972, c 144, §2(f)]



 



Cross References



 



  See note to §663-4.



 



Case Notes



 



  Recovery by estate of decedent for decedent's pain and
suffering.  245 F. Supp. 981, 1015, aff'd 381 F.2d 965.



  Because decedent would have had an action for punitive
damages had decedent survived, estate is entitled to recover punitive damages
under this section.  551 F. Supp. 110.



  Recovery for decedent's conscious pain and suffering,
discussed.  823 F. Supp. 778.



  In action under Federal Tort Claims Act, where plaintiffs
argued, inter alia, that remaining individual plaintiffs were all legally
entitled to assert a survivorship claim on behalf of estate under this section
because they were all deceased's heirs, remaining individual plaintiffs' status
as heirs did not, by itself, entitle them to be legal representatives of estate. 
125 F. Supp. 2d 1243.



  Complaint based on death by drowning of four-year old for
damages including loss of expected earnings states claim for relief; discussion
of nature of action and measure of damages.  45 H. 373, 369 P.2d 96, reh'g den.
45 H. 443, 369 P.2d 114.



  Probable earnings of decedent during decedent's lost years
are not a proper item of damages.  54 H. 231, 505 P.2d 1169 (overruling 45 H.
373).  But for present statutory rule, see §663-8.



  A person named in will of decedent to be the executrix deemed
"legal representative" and would have been proper person to be
substituted for decedent in action brought by decedent.  60 H. 125, 588 P.2d
416.



  As murder victim would have had a claim for punitive damages
had murder victim survived, under this section, victim's claim for punitive
damages survived victim's death; as this claim survives victim's death,
punitive damages are not recoverable in an action under §663-3.  87 H. 273
(App.), 954 P.2d 652.



  Where murder victim would have had cause of action for loss
of enjoyment of life and other nonpecuniary losses under §663-8.5 had murder
victim survived, under this section, victim's claim survived victim's death and
victim's estate may sue for such damages.  87 H. 273 (App.), 954 P.2d 652.