1873-S AMH LANT ADAM 051

SHB 1873 - H AMD 407

By Representative Lantz

ADOPTED 3/14/2007

   Strike everything after the enacting clause and insert the following:

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

   Every ((such)) action under RCW 4.20.010 shall be for the benefit of the ((wife, husband, child)) spouse or children, including stepchildren, of the person whose death shall have been so caused. If there ((be)) is no ((wife or husband)) spouse or ((such)) child ((or children, such)), the action may be maintained for the benefit of the parents, sisters, or brothers((,)) who are dependent upon the deceased person for support ((, and who are resident within the United States at the time of his death)).

   In every such action the jury may ((give such)) award economic and noneconomic damages as((,)) under all circumstances of the case((,)) may to them seem just.

   Sec. 2. RCW 4.20.046 and 1993 c 44 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)).

   (2) In addition to recovering economic losses, the personal representative ((shall only be)) is entitled to recover on behalf of those beneficiaries identified under RCW 4.20.020 any noneconomic damages for pain and suffering, anxiety, emotional distress, loss of enjoyment of life, shortened life expectancy, or humiliation, personal to ((and suffered by a)) the deceased ((on behalf of those beneficiaries enumerated in RCW 4.20.020, and such)) in such amounts as determined by a jury to be just under all the circumstances of the case. Damages under this section are recoverable regardless of whether or not the death was occasioned by the injury that is the basis for the action.

   (3) The liability of property of a husband and wife held by them as community property and subject 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))) (4) 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.

   Sec. 3. RCW 4.20.060 and 1985 c 139 s 2 are each amended to read as follows:

(1) No action for a personal injury to any person occasioning death shall abate, nor shall such right of action ((determine)) terminate, by reason of ((such)) the death((,)) if ((such)) the person has a surviving ((spouse or child living, including stepchildren, or leaving no surviving spouse or such children, if there is dependent upon the deceased for support and resident within the United States at the time of decedent's death, parents, sisters or brothers; but such action may be prosecuted, or commenced and prosecuted, by the executor or administrator)) beneficiary in whose favor the action may be brought under subsection (2) of this section.

   (2) An action under this section may be brought by the personal representative of the deceased((,)) in favor of ((such)) the surviving spouse((, or in favor of the surviving spouse)) and ((such)) children((, or if)). If there is no surviving spouse((, in favor of such child)) or children, ((or if no surviving spouse or such child or children, then)) the action may be brought in favor of the decedent's parents, sisters or brothers who ((may be)) are dependent upon ((such person)) the decedent for support((, and resident in the United States at the time of decedent's death)).

   (3) In addition to recovering economic losses, the persons identified in subsection (2) of this section are entitled to recover any noneconomic damages personal to the decedent including, but not limited to, damages for the decedent's pain and suffering, anxiety, emotional distress, loss of enjoyment of life, shortened life expectancy, or humiliation, in such amounts as determined by a jury to be just under all the circumstances of the case.

   Sec. 4. RCW 4.24.010 and 1998 c 237 s 2 are each amended to read as follows:

   (1) A ((mother or father, or both,)) parent who has regularly contributed to the support of his or her ((minor)) child who is under the age of twenty-six, ((and the mother or father, or both, of a child on whom either, or both, are)) or a parent who is dependent on a child for support may maintain or join ((as a party)) an action as plaintiff for the injury or death of the child.

   (2) Each parent, separately from the other parent, is entitled to recover for his or her own loss regardless of marital status, even though this section creates only one cause of action((, but if the parents of the child are not married, are separated, or not married to each other damages may be awarded to each plaintiff separately, as the trier of fact finds just and equitable)).

   (3) If one parent brings an action under this section and the other parent is not named as a plaintiff, notice of the institution of the suit, together with a copy of the complaint, shall be served upon the other parent: PROVIDED, That notice shall be required only if parentage has been duly established.

   Such notice shall be in compliance with the statutory requirements for a summons. Such notice shall state that the other parent must join as a party to the suit within twenty days or the right to recover damages under this section shall be barred. Failure of the other parent to timely appear shall bar such parent's action to recover any part of an award made to the party instituting the suit.

   (4) In ((such)) an action under this section, in addition to damages for medical, hospital, medication expenses, and loss of services and support, damages may be recovered for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship in such amount as, under all the circumstances of the case, may be just."

   Correct the title.

EFFECT: Adds amendments to the general wrongful death statute and the general and special survival statutes as follows:

   •     Removes the residency requirement for the secondary beneficiaries (parents and siblings) under these statutes. (Retains the current law's dependency requirement.)

   •     Specifies that both economic and non-economic damages are recoverable under the general wrongful death statute. (Same as in the original HB 1873).

   •     Adds "loss of enjoyment of life" and "shortened life expectancy" as recoverable damages in actions under the general and special survival statutes. (As in the original bill, except the original bill also included damages for "loss of life itself.")

   •     Under the child death statute, specifies that each parent is entitled to a separate recovery regardless of marital status. (Same as original bill.)

   •     Updates and restructures language in these statutes for clarity.