S0707

	2019 -- S 0707
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	LC001562
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2019
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	A N A C T
	RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR
	ACTIONS - DEATH BY WRONGFUL ACT

	Introduced By: Senators McCaffrey, Goodwin, Lynch Prata, and Lombardi
	Date Introduced: March 21, 2019
	Referred To: Senate Judiciary
	It is enacted by the General Assembly as follows:
1	SECTION 1. Section 10-7-1.2 of the General Laws in Chapter 10-7 entitled "Death By
2	Wrongful Act" is hereby amended to read as follows:
3	10-7-1.2. Liability for loss of consortium -- Liability for loss of society and
4	companionship.
5	(a) Whenever the death of a married person shall be caused by the wrongful act, neglect,
6	or default of another person, the decedent's spouse may recover damages against the person for
7	loss of consortium and for the emotional distress, grief, and loss of enjoyment of life as a result of
8	the death.
9	(b) Whenever the death of a parent or parents of a son or daughter shall be caused by the
10	wrongful act, neglect or default of another person, the son or daughter may recover damages
11	against the person for the loss of parental society and companionship and for the emotional
12	distress, grief, and loss of enjoyment of life as a result of the death.
13	(c) Whenever the death of a son or daughter shall be caused by the wrongful act, neglect,
14	or default of another person, the parent or parents of the son or daughter may recover damages
15	against the person for the loss of the son's or daughter's society and companionship and for the
16	emotional distress, grief, and loss of enjoyment of life as a result of the death.

1	SECTION 2. This act shall take effect upon passage and shall apply to all claims pending
2	at the time of passage or asserted thereafter; provided, however, that this act shall not apply to,
3	affect or impair releases executed before the date of passage.
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR
	ACTIONS - DEATH BY WRONGFUL ACT
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1	This act would allow recovery of damages for the emotional distress, grief, and loss of
2	enjoyment of life as a result of the wrongful death of a spouse, a parent or a son or daughter.
3	This act would take effect upon passage and would apply to all claims pending on the
4	effective date of this act or asserted thereafter; provided, however that this act would not apply to,
5	affect or impair releases executed before the date of passage.
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