S-3734.1  _______________________________________________

                         SENATE BILL 6670

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Fairley and Kohl‑Welles

Read first time 01/25/2002.  Referred to Committee on Judiciary.

Clarifying who may be a beneficiary in a wrongful death action.

    AN ACT Relating to beneficiaries in wrongful death actions; amending RCW 4.20.020; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature intends to respond to the case of Schumacher v. Williams (45365-3-1 August 6, 2001) and clarify that the right of a person to recover for the wrongful death of a family member is not contingent upon the showing that the survivor was financially dependent upon the decedent.

    Sec. 2.  RCW 4.20.020 and 1985 c 139 s 1 are each amended to read as follows:

    Every such action shall be for the benefit of the wife, husband, child or children, including stepchildren, of the person whose death shall have been so caused.  If there be no wife or husband or such child or children, such action may be maintained for the benefit of the parents, sisters, or brothers((, who may be dependent upon)) of the deceased person ((for support, and)) who are resident within the United States at the time of his or her death.

    In every such action the jury may give such damages as, under all circumstances of the case, may to them seem just.

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