CERTIFICATION OF ENROLLMENT
SENATE BILL 5077
Chapter 44, Laws of 1993
53rd Legislature
1993 Regular Session
SURVIVAL OF ACTIONS AND RECOVERY OF DAMAGES‑-REVISIONS
EFFECTIVE DATE: 7/25/93
Passed by the Senate March 15, 1993 YEAS 47 NAYS 2
R. LORRAINE WOJAHN 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. |
BRIAN EBERSOLE Speaker of the House of Representatives |
MARTY BROWN Secretary
|
Approved April 19, 1993 |
FILED
April 19, 1993 - 1:43 p.m. |
|
|
MIKE LOWRY 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.
Passed the Senate March 15, 1993.
Passed the House April 7, 1993.
Approved by the Governor April 19, 1993.
Filed in Office of Secretary of State April 19, 1993.