SENATE BILL REPORT
SB 6323
BYSenator Gaspard
Regarding wrongful death actions.
Senate Committee on Law & Justice
Senate Hearing Date(s):February 2, 1990
Majority Report: Do pass and refer to Committee on Ways & Means.
Signed by Senators Nelson, Chairman; Hayner, Madsen, Niemi, Patrick, Rasmussen, Rinehart, Talmadge.
Senate Staff:Dick Armstrong (786-7460)
February 5, 1990
Senate Committee on Ways & Means
Senate Hearing Date(s):February 6, 1990
Senate Staff:Steve Jones (786-7715)
February 6, 1990
AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 2, 1990
BACKGROUND:
When a person dies as a result of the negligent acts of another person, the general "wrongful death" statute allows certain relatives to collect damages from the wrongdoer. In addition, RCW 4.20.046, commonly referred to as the "general survival statute," allows the decedent's estate to prosecute any action the decedent could have initiated before the person died. This statute allows a decedent's estate to collect damages, such as loss of prospective earnings, funeral expenses and medical expenses, from the tortfeasor.
The estate of a developmentally disabled adult is essentially unable to collect a damage award from a tortfeasor because a developmentally disabled person generally does not have significant losses of prospective earnings.
SUMMARY:
Damages allowable under the general "survival statutes" of the wrongful death act are expanded to include damages for the loss of the person's life or life's enjoyment. Any damage award against the state of Washington or any state residential habilitation center cannot be reduced to pay for the costs of a resident of a state residential habilitation center.
Appropriation: none
Revenue: none
Fiscal Note: requested February 2, 1990
Senate Committee - Testified: LAW & JUSTICE: Chere Hazen (pro); Steve Gaulke, Washington Protection & Advocacy (pro); Michael McCarthy, attorney (pro); Fred Haskins, parent (pro); Yoshiko Haskins, parent, (pro)