S-3387               _______________________________________________

                                                   SENATE BILL NO. 4466

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Bailey and Barr

Prefiled with Secretary of the Senate 1/7/86.  Read first time 1/13/86 and referred to Committee on Judiciary.

AN ACT Relating to actions for torts; adding a new section to chapter 2.44 RCW; adding a new section to chapter 4.16 RCW; adding new sections to chapter 4.56 RCW; and repealing RCW 4.22.030, 4.22.040, 4.22.050, and 4.22.060.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.56 RCW to read as follows:

          In an action brought for recovery of damages for wrongful death, personal injury, or damage to property, an award to the plaintiff for pain, suffering, or other nonpecuniary damages shall not exceed the total amount of damages awarded for economic losses.

NEW SECTION. Sec. 2.  A new section is added to chapter 2.44 RCW to read as follows:

          In an action brought for recovery of damages for wrongful death, personal injury, or damage to property, contingent attorneys' fees shall not exceed the following percentages of the total damages awarded:

          (1) Thirty-three percent of the amount under twenty thousand dollars;

          (2) Twenty-five percent of the amount in excess of twenty thousand dollars but less than one hundred thousand dollars;

          (3) Twenty percent of the amount in excess of one hundred thousand dollars but less than two hundred fifty thousand dollars; and

          (4) Fifteen percent of the amount in excess of two hundred fifty thousand dollars.

NEW SECTION. Sec. 3.  A new section is added to chapter 4.16 RCW to read as follows:

          Notwithstanding RCW 4.16.190, no action may be brought for damages for injury occurring as a result of health care in the delivery of a child unless commenced within ten years of the delivery.

NEW SECTION. Sec. 4.  A new section is added to chapter 4.56 RCW to read as follows:

          In an action brought for wrongful death, personal injury, or damage to property, the court shall determine whether any damages awarded should be paid on a periodic basis.  In such actions, lump sum payments in excess of one hundred fifty thousand dollars shall not be awarded unless the court specifically finds the lump sum payment is appropriate under the circumstances.

          In making determinations under this section, the court shall consider, and make provision for, adequate security to ensure that the periodic payments are made on schedule.

NEW SECTION. Sec. 5.  A new section is added to chapter 4.56 RCW to read as follows:

          There shall be no joint and several liability in actions brought for wrongful death, personal injury, or damage to property.

NEW SECTION. Sec. 6.  The following acts or parts of acts are each repealed:

                   (1) Section 11, chapter 27, Laws of 1981 and RCW 4.22.030;

          (2) Section 12, chapter 27, Laws of 1981, section 1, chapter 100, Laws of 1982 and RCW 4.22.040;

          (3) Section 13, chapter 27, Laws of 1981 and RCW 4.22.050; and

          (4) Section 14, chapter 27, Laws of 1981 and RCW 4.22.060.

NEW SECTION. Sec. 7.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.