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the Georgia Code
2006 Georgia Code - 9-2-41
9-2-41. 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 to the action just
as the wrongdoer himself would have been during his life, provided
that there shall be no punitive damages against the personal
representative.
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