2007 House Bill 1873 (Changing the requirements for, and recoveries under, a wrongful injury or death cause of action.)

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• Introduced by Rep. Timm Ormsby, (D-Spokane) on January 30, 2007, to allow the recovery of damages for a wrongful injury of death. Damages can include economic and non-economic, including pain, anxiety, and emotional distress. The bill also makes the act retroactive and apply to any cases currently pending .
  • Referred to the House Judiciary Committee on January 30, 2007.
    • Substitute offered to the House Judiciary Committee on February 28, 2007, to 1) Remove amendments to the wrongful death statute to specifically state that both economic and non-economic damages suffered by the beneficiaries are recoverable; 2)Include the dependency and residency requirements for the secondary beneficiaries under the general wrongful death statute and the special survival statute; 3) Amended the child death statute to allow the parent of a minor or adult child to sue without having to show dependency on the child if the parent has had significant involvement in the child's life, including giving or receiving emotional, psychological, or financial support; and 4) Remove amendments to the special survival statute to specifically list "loss of life itself, loss of enjoyment of life, and shortened life expectancy" as recoverable damages and to remove the financial dependency and residency requirements for the secondary beneficiaries.
    • The substitute passed in the House by voice vote on March 14, 2007.
  • Referred to the House Appropriations Committee on February 28, 2007.
  • Referred to the House Rules Committee on March 5, 2007.
  • Amendment offered by Rep. Patricia Lantz, (D-Gig Harbor) on March 14, 2007, to add amendments to the general wrongful death statute and the general and special survival statutes as follows: Removes the residency requirement for the secondary beneficiaries (parents and siblings) under these statutes. (Retains the current law's dependency requirement.) Specifies that both economic and non-economic damages are recoverable under the general wrongful death statute. (Same as in the original HB 1873). Adds "loss of enjoyment of life" and "shortened life expectancy" as recoverable damages in actions under the general and special survival statutes. (As in the original bill, except the original bill also included damages for "loss of life itself.") Under the child death statute, specifies that each parent is entitled to a separate recovery regardless of marital status. (Same as original bill.) Updates and restructures language in these statutes for clarity.. The amendment passed in the House by voice vote on March 14, 2007.
  • Amendment offered by Rep. Maureen Walsh, (R-Walla Walla) on March 14, 2007, to provide that a parent of a child with a developmental disability may recover damages under the wrongful death and survival statutes for the wrongful death or injury of the child if the parent regularly contributed to the support of the child. The amendment passed in the House by voice vote on March 14, 2007.
• Passed in the House (59 to 34) on March 14, 2007. [Vote Details and Comments]
• Received in the Senate on March 16, 2007.
  • Referred to the Senate Judiciary Committee on March 16, 2007.
• Received in the House on January 14, 2008.
  • Referred to the House Judiciary Committee on January 14, 2008.
    • Substitute offered in the House on February 4, 2008, to revises the requirements for, and recoveries under, a wrongful injury or death cause of action. The substitute passed in the House by voice vote on February 4, 2008.
  • Referred to the House Appropriations Committee on February 5, 2008.
    • Substitute offered in the House on February 11, 2008, no new changes were recommended.
  • Referred to the House Rules Committee on February 12, 2008.
    • Amendment offered by Rep. Patricia Lantz, (D-Gig Harbor) on February 16, 2008, defining "significant involvement" to mean 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. Amends the definition of "financial dependence" by using the term "financially dependent for support" and requiring that the dependence be "substantial." Provides that the act applies to all causes of action that are filed on or after the effective date of the act (instead of to deaths that occur on or after the effective date of the act). The amendment passed in the House by voice vote on February 16, 2008.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) on February 16, 2008, removing the sole beneficiary of the decedent's life insurance policy from the list of beneficiaries that may recover under the general wrongful death statute or the survival statutes. The amendment failed in the House by voice vote on February 16, 2008.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) on February 16, 2008, the list of damages available in survival actions is amended to remove the references to economic losses. References to non-economic damages are amended so that only the specific non-economic damages listed are available to the beneficiaries. The amendment failed in the House by voice vote on February 16, 2008.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) on February 16, 2008, to amend the wrongful death of a child statute to allow a parent of an adult child under the age of 26 to bring a cause of action without having to show financial dependence on the child. Removes the ability of a parent who had "significant involvement" in an adult child's life to bring the action without having to show financial dependency. The amendment failed in the House by voice vote on February 16, 2008.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) on February 16, 2008, to add a null and void clause to the act. The amendment failed in the House by voice vote on February 16, 2008.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) on February 16, 2008, Removing parents who have had "significant involvement" in an adult child's life as beneficiaries under the wrongful death and survival statutes. Instead, allows a parent of an adult child with a developmental disability to be a beneficiary without having to show financial dependence on the child. The amendment failed in the House by voice vote on February 16, 2008.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) on February 16, 2008, amending the definition of "significant involvement" to: (a) require that the emotional, psychological, or financial support be ongoing and substantial; (b) provide that the relationship between the parties must be meaningful and a relationship of "community or companionship"; and (c) limit it to involvement that exists at or reasonably near the time of the incident causing death (the underlying amendment also includes involvement existing at or near the time of the death). The amendment failed in the House by voice vote on February 16, 2008.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) on February 16, 2008, providing that the act applies to deaths that occur on or after the effective date of the act (rather than to causes of action filed on or after the effective date of the act). The amendment failed in the House by voice vote on February 16, 2008.
• Passed in the House (59 to 34) on February 15, 2008. [Vote Details and Comments]
• Received in the Senate on February 19, 2008.
  • Referred to the Senate Government Operations and Elections Committee on February 19, 2008.
  • Referred to the Senate Ways & Means Committee on February 28, 2008.
    • Amendment offered in the Senate on March 3, 2008, under the general wrongful death and special survival statutes, joint and several liability does not apply to claims against state and local agencies by the new beneficiaries authorized under the act.
    • The amendment failed in the Senate by voice vote on March 6, 2008.
  • Referred to the Senate Rules Committee on March 3, 2008.
    • Amendment offered by Sen. Dale Brandland, (R-Bellingham) on March 6, 2008, to not apply joint and several liability to additional claims made against state and local agencies under the act. The amendment passed in the Senate by voice vote on March 6, 2008.
    • Amendment offered by Sen. Mary Margaret Haugen, (D-Camano Island) on March 6, 2008, to allow a parent of an adult child under the age of 26 to bring a cause of action without having to show financial dependence on the child. Removes the ability of a parent who had "significant involvement" in an adult child's life to bring the action without having to show financial dependency. The amendment passed in the Senate by voice vote on March 6, 2008.
• Passed in the Senate (47 to 2) on March 6, 2008. [Vote Details and Comments]
• Referred in the Senate on March 8, 2008.
  • Moved to reconsider in the Senate on March 8, 2008.

Comments

Introduced by Rep. Timm Ormsby, (D-Spokane) on January 30, 2007. Passed in the House (59 to 34) on March 14, 2007. New Comment