H-919                _______________________________________________

                                                    HOUSE BILL NO. 967

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Zellinsky, Taylor, Braddock, Allen, Brekke, Bristow, Brooks, Fisch, Fisher, Hankins, Holland, Leonard, Lundquist, May, Miller, Rust, C. Smith, L. Smith, Smitherman, Thomas, Vekich, Walker, K. Wilson, Dobbs, Unsoeld, J. Williams, Winsley, Haugen and Doty

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to evidence in personal injury and wrongful death actions; adding a new section to chapter 4.24 RCW; and repealing RCW 7.70.080.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

          In a personal injury or wrongful death action, any party may present evidence to the trier of fact that the plaintiff has already been compensated for the injury or death complained of from  collateral sources available to the plaintiff as a result of the injury or death except the assets of the plaintiff or the plaintiff's representative or immediate family. In the event such evidence is admitted, the plaintiff may present evidence of an obligation to repay the compensation.

         (1) "Compensation," as used in this section, means payment of money or other property to or on behalf of the plaintiff, rendering of services to the plaintiff free of charge to the plaintiff, indemnification of expenses incurred by or on behalf of the plaintiff, or any such payments, free services, or indemnification that the plaintiff may reasonably expect to receive in the future.  Notwithstanding this section, evidence of compensation by a defendant may be offered only by that defendant.

          (2) "Collateral sources," as used in this section means any compensation received by or reasonably expected to be received in the future by the plaintiff or on the plaintiff's behalf from all sources, public or private.

NEW SECTION. Sec. 2.  Section 13, chapter 56, Laws of 1975-'76 2nd ex. sess. and RCW 7.70.080 are each repealed.