1. (a) This section applies if a plaintiff commences an action and:

   1. (1) the plaintiff fails in the action from any cause except negligence in the prosecution of the action;
   2. (2) the action abates or is defeated by the death of a party; or
   3. (3) a judgment is arrested or reversed on appeal.

2. (b) If subsection (a) applies, a new action may be brought not later than the later of:

   1. (1) three (3) years after the date of the determination under subsection (a); or

   2. (2) the last date an action could have been commenced under the statute of limitations governing the original action;

      and be considered a continuation of the original action commenced by the plaintiff.

      [Pre-1998 Recodification Citation: 34-1-2-8.]

As added by P.L.1-1998, SEC.6. Amended by P.L.2-2005, SEC.113.