Guam § 2209 - Actions by or Against Personal Representative; Recovery of

§ 2209. Actions by or Against Personal Representative; Recovery of

Damages; Death of Plaintiff Before Judgment; Simultaneous Death.

(a) Except as provided in this Section, no cause of action shall be

lost by reason of the death of any person but may be maintained by or

against such person's personal representative.

(b) In an action brought under this Section against a personal

representative, all damages may be awarded which might have been

recovered against the decedent had the decedent lived, except damages

awardable under 20 GCA § 2120 (Exemplary Damages) or damages im-

posed primarily for the sake of example and by way of punishing the

defendant.

(c) When a person having a cause of action dies before judgment,

the damages recoverable by the decedent's personal representative are

limited to such loss or damage as the decedent sustained or incurred prior

to death, including any penalties or punitive or exemplary damages that

the decedent would have been entitled to recover had the decedent lived,

and shall not include damages for pain, suffering or disfigurement.

COL372014

CH. 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS

WITH THE WILL ANNEXED AND ADMINISTRATORS

(d) This Section is applicable where a loss or damage occurs

simultaneously with or after the death of a person who would have been

liable therefore if such person's death had not preceded or occurred

simultaneously with the loss or damage.

(e) Nothing in this Section shall be construed as making assignable

things in action which are of such a nature as not to have been assignable

prior to the enactment of this Section.