H-2883              _______________________________________________

                                                   HOUSE BILL NO. 2522

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representative R. Meyers

Read first time 1/15/90 and referred to Committee on Judiciary.

AN ACT Relating to wrongful death; and amending RCW 4.20.020, 4.20.060, and 4.24.010.

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

        Sec. 1.  Section 2, chapter 123, Laws of 1917 as last amended by section 1, chapter 139, Laws of 1985 and RCW 4.20.020 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 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 damages as, under all circumstances of the case, may to them seem just.

        Sec. 2.  Section 495, page 220, Laws of 1854 as last amended by section 2, chapter 139, Laws of 1985 and RCW 4.20.060 are each amended to read as follows:

          No action for a personal injury to any person occasioning death shall abate, nor shall such right of action determine, by reason of such death, if such 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 of the deceased, in favor of such surviving spouse, or in favor of the surviving spouse and such children, or if no surviving spouse, in favor of such child or children, or if no surviving spouse or such child or children, then in favor of the decedent's parents, sisters or brothers who may be dependent upon such person for support, and resident in the United States at the time of decedent's death.

        Sec. 3.  Section 9, page 4, Laws of 1869 as last amended by section 4, chapter 154, Laws of 1973 1st ex. sess. and RCW 4.24.010 are each amended to read as follows:

          The mother or father or both may maintain an action as plaintiff for the injury or death of a ((minor)) child((, or a child on whom either, or both, are dependent for support)):  PROVIDED, That in the case of an illegitimate child the father cannot maintain or join as a party an action unless paternity has been duly established and the father has regularly contributed to the child's support.

          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 court finds just and equitable.

          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 when the mother of an illegitimate child initiates an action, notice shall be required only if paternity has been duly established and the father has regularly contributed to the child's support.

          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.

          In such an action, 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.