SENATE BILL REPORT

ESHB 2459

BYHouse Committee on Judiciary (originally sponsored by Representatives Inslee, Wineberry, Raiter, Belcher, R. Meyers, Moyer, Baugher, Rector, Schmidt, Dorn, Locke, H. Myers, Smith, P. King, Brough, Prentice, Padden, Forner, Jesernig, Tate, Scott, Anderson, Pruitt, Wood, Nealey, Dellwo, May, Ferguson, Rayburn, Kirby, Spanel and Rasmussen)

Establishing punitive liability for injury or wrongful death from driving while intoxicated.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 21, 1990

Senate Staff:Dick Armstrong (786-7460)

AS OF FEBRUARY 14, 1990

BACKGROUND:

Under current law, a person who is injured or the estate of a person who is killed by a drunk driver can bring a civil tort action against the drunk driver and sue for damages.  However, current law does not provide for an award of punitive damages for the wrongful injury or death.  If a person has insurance sufficient to cover the damages, then the defendant may never have to pay any money to the plaintiff out of the defendant's own pocket.  Generally, insurance companies do not pay punitive damages on behalf of their clients.

SUMMARY:

A person who is a drunk driver and proximately causes the death or injury of another person due to driving drunk may be liable for punitive damages in addition to damages otherwise recoverable.  The trier of fact may impose punitive damages in an amount up to the lesser of double the actual damages for which the defendant is responsible, or $5,000, for each person entitled to recovery of damages.  The punitive damages must be paid by the defendant, not the insurance company.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested