S-0482.2  _______________________________________________

                         SENATE BILL 5758

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Kline, Costa and Roach

Read first time 02/08/1999.  Referred to Committee on Judiciary.

Changing who may bring action for the injury or wrongful death of a child.

    AN ACT Relating to the injury or wrongful death of a child; and amending RCW 4.24.010.

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

    Sec. 1.  RCW 4.24.010 and 1998 c 237 s 2 are each amended to read as follows:

    A mother or father, or both, ((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 dependent for support)) may maintain or join as a party or as a beneficiary in an action ((as plaintiff)) for the injury or death of ((the)) a minor child, or for the death of an adult child.

    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.

    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.

    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.

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