1. (a) This section applies when:

   1. (1) a person obtains a judgment for personal injuries against a person, company, or corporation in a trial court;
   2. (2) the person, company, or corporation against whom or which the judgment was obtained appeals to the supreme court or the court of appeals; and
   3. (3) the judgment is reversed by the supreme court or the court of appeals, with a new trial granted to the appellant.

2. (b) If a person who obtains a judgment dies:

   1. (1) pending the appeal; or

   2. (2) before a new trial after the reversal;

      the claim for personal injuries survives and may be prosecuted by the representative of the decedent, as other claims are prosecuted for and on behalf of decedents' estates.

      [Pre-1998 Recodification Citation: 34-4-21-1.]

As added by P.L.1-1998, SEC.4.