HOUSE BILL REPORT

ESHB 2459

BYHouse Committee on Judiciary (originally sponsored by Representatives Inslee, Wineberry, Raiter, Belcher, R. Meyers, Moyer, Baugher, Rector, Schmidt, Dorn, Locke, H. Myers, Smith, P. King, Brough, Prentice, Padden, Forner, Jesernig, Tate, Scott, Anderson, Pruitt, Wood, Nealey, Dellwo, May, Ferguson, Rayburn, Kirby, Spanel and Rasmussen)

Establishing punitive liability for injury or wrongful death from driving while intoxicated.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE FEBRUARY 7, 1990

BACKGROUND:

Under current law, a person who is injured or the estate of a person who is killed by a drunk driver can bring a civil tort action against the drunk driver and sue for damages.  However, current law does not provide for an award of punitive damages for the wrongful injury or death.  If a person has insurance sufficient to cover the damages, then the defendant may never have to pay any money to the plaintiff out of the defendant's own pocket. Generally, insurance companies do not pay punitive damages on behalf of their clients.

SUMMARY:

A person who is a drunk driver and proximately causes the death or injury of another person due to driving drunk may be liable for punitive damages in addition to damages otherwise recoverable.  The trier of fact may impose punitive damages in an amount up to the lesser of double the actual damages for which the defendant is responsible, or $5,000 for each person entitled to recovery of damages.  The punitive damages must be paid by the defendant, not the insurance company.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor.

House Committee - Testified Against:      Basil Badley, Dick Ducharme, Liability Reform Coalition.

House Committee - Testimony For:    Drunk drivers should pay some money out of their own pocket if due to driving drunk they injure or kill someone.

House Committee - Testimony Against:      Under the original bill, insurance companies may have to pay for the punitive damages because no express provision states that the driver and not the insurance company must pay the punitive damages.  The original bill also is unclear about how punitive damages should be awarded when multiple parties may be liable for damages.  The criminal justice system, not the tort system should address punishment.  Punitive damages in the tort context can unjustly enrich the plaintiff.