H-1180.1

SUBSTITUTE HOUSE BILL 1135

ByHouse Civil Rights & Judiciary (originally sponsored by Representatives Santos, Jinkins, Gregerson, Valdez, Pollet, Lovick, Orwall, Kilduff, Riccelli, Peterson, Stanford, Fitzgibbon, Macri, Frame, Slatter, Kloba, Appleton, Tarleton, Goodman, Ormsby, and Robinson)

AN ACT Relating to actions for wrongful injury or death; amending RCW 4.20.010, 4.20.020, 4.20.046, 4.20.060, and 4.24.010; and creating a new section.

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

Sec. 1. RCW 4.20.010 and 2011 c 336 s 89 are each amended to read as follows:

(1) When the death of a person is caused by the wrongful act, neglect, or default of another person, his or her personal representative may maintain an action ((for damages)) against the person causing the death((; and although))

(2) This section applies regardless of whether or not the death ((shall have been))was caused under such circumstances as amount, in law, to a felony.

Sec. 2. RCW 4.20.020 and 2011 c 336 s 90 are each amended to read as follows:

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 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 or her death))siblings of the deceased.

In every such action the ((jury))trier of fact may give such damages as, under all circumstances of the case, may to them seem just.

Sec. 3. 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 on behalf of the decedent's estate, the personal representative ((shall only be))is only entitled to recover 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 such))in such amounts as determined by a trier of fact 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. 4. 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 death, if such person has a surviving spouse, state registered domestic partner, or child living, including stepchildren, or if 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,))the person has surviving parents((, sisters,)) or ((brothers; but such action may be prosecuted, or commenced and prosecuted, by the executor or administrator))

(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 no surviving spouse or state registered domestic partner, in favor of ((such))the child or children, or if no surviving spouse, state registered domestic partner, or ((such))a 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))siblings.

Sec. 5. 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 or legal guardian 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))a parent or legal guardian who has had significant involvement in the life of an adult child, may maintain or join as a party an action as plaintiff for the injury or death of the child. For purposes of this section, "significant involvement" means demonstrated support of an emotional, psychological, or financial nature within the parent-child relationship, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death, including either giving or receiving emotional, psychological, or financial support to or from the child.

(4) Each parent is entitled to recover for his or her own loss separately from the other parent 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)).

(5) 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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