BILL REQ. #:  S-4410.1 

READ FIRST TIME 02/04/10.   

     AN ACT Relating to changing the class of persons entitled to recoveries under a wrongful death action or survival action; amending RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010; creating new sections; and providing an effective date.

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

Sec. 1   RCW 4.20.020 and 2007 c 156 s 29 are each amended to read as follows:
     (1) Every ((such)) action under RCW 4.20.010 shall be for the benefit of the ((wife, husband)) spouse, state registered domestic partner, ((child)) or children, including stepchildren, of the person whose death shall have been so caused. If there ((be)) is no ((wife, husband)) spouse, state registered domestic partner, or ((such)) child ((or children, such)), the action may be maintained for the benefit of:
     (a) 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)) 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; or
     (b) Sisters or brothers who are financially dependent upon the deceased person for support if there is no spouse, state registered domestic partner, child, or parent.
     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.
     (2) In any action under subsection (1) of this section against the state or a political subdivision thereof, the trier of fact may consider the adequacy of any preventive actions that may have been undertaken by the governmental entity, under all of the circumstances of the case, to help determine whether the entity exercised reasonable care.
     (3) For the purposes of this section:
     (a) "Financially dependent for support" means substantial dependence based on the receipt of services that have an economic or monetary value, or substantial dependence based on actual monetary payments or contributions; and
     (b) "Significant involvement" means demonstrated support of an emotional, psychological, or financial nature within the relationship, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death.

Sec. 2   RCW 4.20.046 and 2008 c 6 s 409 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, or humiliation personal to and suffered by ((a)) the deceased ((on behalf of those beneficiaries enumerated in RCW 4.20.020, and)) 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 spouses or domestic partners 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 or either or both domestic partners; and a cause of action shall remain an asset as though both claiming spouses or both claiming domestic partners continued to live despite the death of either or both claiming spouses or both claiming domestic partners.
     (((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 or her 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 2007 c 156 s 30 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, state registered domestic partner, or child living, including stepchildren, or leaving no surviving spouse, state registered domestic partner, 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 state registered domestic partner, ((or in favor of the surviving spouse or state registered domestic partner)) and ((such)) children((, or if)). If there is no surviving spouse ((or)), state registered domestic partner, ((in favor of such child)) or children, ((or if no surviving spouse, state registered domestic partner, or such child or children, then)) the action shall be brought in favor of the decedent's:
     (a) 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)) if the parents are financially dependent upon the decedent for support or if the parents have had significant involvement in the decedent's life; or
     (b) Sisters or brothers who are financially dependent upon the deceased person for support if there is no spouse, state registered domestic partner, child, or parent.
     (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 and suffered by the decedent including, but not limited to, damages for the decedent's pain and suffering, anxiety, emotional distress, or humiliation, in such amounts as determined by a jury to be just under all the circumstances of the case.
     (4) For the purposes of this section:
     (a) "Financially dependent for support" means substantial dependence based on the receipt of services that have an economic or monetary value, or substantial dependence based on actual monetary payments or contributions; and
     (b) "Significant involvement" means demonstrated support of an emotional, psychological, or financial nature within the relationship, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death.

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 minor child for support or who has had significant involvement in such 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.
     (5) In any action under subsection (1) of this section against the state or a political subdivision thereof, the trier of fact may consider the adequacy of any preventive actions that may have been undertaken by the governmental entity, under all of the circumstances of the case, to help determine whether the entity exercised reasonable care.
     (6) For the purposes of this section:
     (a) "Financially dependent for support" means substantial dependence based on the receipt of services that have an economic or monetary value, or substantial dependence based on actual monetary payments or contributions; and
     (b) "Significant involvement" means demonstrated support of an emotional, psychological, or financial nature within the relationship, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death.

NEW SECTION.  Sec. 5   This act applies to all causes of action filed on or after the effective date of this act.

NEW SECTION.  Sec. 6   (1) On December 1, 2010, and every December 1st thereafter, the risk management division within the office of financial management shall report to the house appropriations committee, the house state government and tribal affairs committee, the senate ways and means committee, and the senate government operations and elections committee, or successor committees, on the incidents covered by this act that involve state agencies.
     (2) On December 1, 2010, and every December 1st thereafter, each local government risk pool or local government risk management division, or the equivalent in local governments, shall report to the legislative body of the local government on the incidents covered by this act that involve the local government.
     (3) This section expires December 2, 2015.