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:

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     SECTION 1. Section 10-7-1.2 of the General Laws in Chapter 10-7 entitled "Death By

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Wrongful Act" is hereby amended to read as follows:

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     10-7-1.2. Liability for loss of consortium -- Liability for loss of society and

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companionship.

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     (a) Whenever the death of a married person shall be caused by the wrongful act, neglect,

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or default of another person, the decedent's spouse may recover damages against the person for

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loss of consortium and for the emotional distress, grief, and loss of enjoyment of life as a result of

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the death.

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     (b) Whenever the death of a parent or parents of a son or daughter shall be caused by the

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wrongful act, neglect or default of another person, the son or daughter may recover damages

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against the person for the loss of parental society and companionship and for the emotional

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distress, grief, and loss of enjoyment of life as a result of the death.

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     (c) Whenever the death of a son or daughter shall be caused by the wrongful act, neglect,

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or default of another person, the parent or parents of the son or daughter may recover damages

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against the person for the loss of the son's or daughter's society and companionship and for the

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emotional distress, grief, and loss of enjoyment of life as a result of the death.

 

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     SECTION 2. This act shall take effect upon passage and shall apply to all claims pending

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at the time of passage or asserted thereafter; provided, however, that this act shall not apply to,

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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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     This act would allow recovery of damages for the emotional distress, grief, and loss of

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enjoyment of life as a result of the wrongful death of a spouse, a parent or a son or daughter.

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     This act would take effect upon passage and would apply to all claims pending on the

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effective date of this act or asserted thereafter; provided, however that this act would not apply to,

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affect or impair releases executed before the date of passage.

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