CERTIFICATION OF ENROLLMENT
SENATE BILL 5077
53rd Legislature
1993 Regular Session
Passed by the Senate March 15, 1993 YEAS 47 NAYS 2
President of the Senate
Passed by the House April 7, 1993 YEAS 98 NAYS 0 |
CERTIFICATE
I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5077 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
Speaker of the House of Representatives |
Secretary
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Approved |
FILED |
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Governor of the State of Washington |
Secretary of State State of Washington |
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SENATE BILL 5077
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Passed Legislature - 1993 Regular Session
State of Washington 53rd Legislature 1993 Regular Session
By Senator Vognild
Read first time 01/12/93. Referred to Committee on Law & Justice.
AN ACT Relating to survival of actions and damages; and amending RCW 4.20.046.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 4.20.046 and 1961 c 137 s 1 are each amended to read as follows:
(1) All causes of
action by a person or persons against another person or persons shall survive
to the personal representatives of the former and against the personal
representatives of the latter, whether such actions arise on contract or
otherwise, and whether or not such actions would have survived at the common
law or prior to the date of enactment of this section: PROVIDED, HOWEVER, That
((no)) the personal representative shall only be entitled
to recover damages for pain and suffering, anxiety, emotional distress, or
humiliation personal to and suffered by a deceased on behalf of those
beneficiaries enumerated in RCW 4.20.020, and such damages are recoverable
regardless of whether or not the death was occasioned by the injury that is the
basis for the action. The liability of property of a husband and wife held
by them as community property to execution in satisfaction of a claim
enforceable against such property so held shall not be affected by the death of
either or both spouses; and a cause of action shall remain an asset as though
both claiming spouses continued to live despite the death of either or both
claiming spouses.
(2) Where death or an injury to person or property, resulting from a wrongful act, neglect or default, occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not occurred simultaneously with such death or injury or had not intervened between the wrongful act, neglect or default and the resulting death or injury, an action to recover damages for such death or injury may be maintained against the personal representative of such person.
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