SHB 1873 -
By Representative Lantz
WITHDRAWN 03/14/2007
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((,)) of a deceased adult child if the parents are financially
dependent upon the adult child for support or if the parents have had
significant involvement in the adult child's life. If there is no
spouse, child, or parent, the action may be maintained for the benefit
of sisters or brothers((,)) who ((may be)) are financially 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 shall 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 shall be brought in favor of the decedent's
parents((,)) if the parents are financially dependent upon the decedent
for support or if the parents have had significant involvement in the
decedent's life. If there is no surviving spouse, child, or parent,
the action shall be brought in favor of the decedent's 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, ((and the mother
or father, or both, of a child on whom either, or both, are)) or a
parent who is financially dependent on a child for support or who has
had significant involvement in a child's life, 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.