170                                       LAWS OF MARYLAND                            [Ch. 2

the legislature examines the problem and
makes a policy decision on the precise
language of the definition, the Commission
believes it is safe to make no change. The
'if otherwise applicable' language in
subsection (d) is an attempt to clarify
this definition, and to refer the code user
to other portions of the code for
provisions relating to waiver of
governmental or sovereign immunity. The
second portion of Art. 67, §6, which merely
restates the doctrine of respondent
superior, is proposed for repeal.

SEC. 3-902. LIABILITY NOTWITHSTANDING DEATH.

(A)   IN GENERAL.

AN ACTION MAY BE MAINTAINED AGAINST A PERSON
WHOSE WRONGFUL ACT CAUSES THE DEATH OF ANOTHER.

(B)   LIABILITY OF VESSEL.

IF THE DEATH OF A PERSON HAS CAUSED BY A WRONGFUL
ACT, NEGLECT, OR DEFAULT OF A VESSEL, AN ACTION IN HEM
MAY BE MAINTAINED AGAINST THE VESSEL.

(C)   ACTION AGAINST PERSONAL REPRESENTATIVE OF
PERSON WHO CAUSED DEATH.

IF A PERSON WHOSE WRONGFUL ACT CAUSED THE DEATH
OF ANOTHER, DIES BEFORE AN ACTION UNDER THIS SECTION
IS COMMENCED, THE ACTION MAY BE MAINTAINED AGAINST HIS
PERSONAL REPRESENTATIVE.

REVISOR'S NOTE: This section is new language
derived from Art. 67, §1.

Cross- Reference: As to proceeding to enforce a
claim against decedent's estate, see Art.
93, subtitle VIII.

SEC. 3-903. WHEN WRONGFUL ACT OCCURS OUTSIDE OF
MARYLAND.

(A) APPLICATION OF SUBSTANTIVE LAW OF ANOTHER
STATE.

IF THE WRONGFUL ACT OCCURRED IN ANOTHER STATE,
THE DISTRICT OF COLUMBIA, OR A TERRITORY OF THE UNITED
STATES, A MARYLAND COURT SHALL APPLY THE SUBSTANTIVE