CHAPTER 320
2002-H 7458
Enacted 06/28/2002


A  N    A  C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PARTICULAR ACTIONS -- DEATH BY WRONGFUL ACT

 

Introduced By: Representatives Anguilla, Schadone, D Caprio, Williamson, and Murphy

 

Date Introduced: February 05, 2002

It is enacted by the General Assembly as follows:

SECTION 1. Section 10-7-2 of the General Laws in Chapter 10-7 entitled "Death by Wrongful Act" is hereby amended to read as follows:

10-7-2. Persons who may bring actions -- Limitation of actions -- Minimum recovery period. -- Every action under this chapter, other than one brought under section 10-7-1.2, shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and of the amount recovered in every action under this chapter one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate; except that no person who is adjudged to be in willful contempt of being in excess of six (6) months in arrears of an order to pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and a person so adjudged shall be deemed to have predeceased the child for the purpose of determining distribution under the intestacy statute. Every action brought under section 10-7-1.2 shall be brought by and in the name of the person or persons sustaining the loss of society, companionship and/or consortium and the amount recovered shall go to the person or persons who sustained the loss. Except as otherwise provided, every action brought pursuant to this chapter shall be commenced within three (3) years after the death of the person. With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, the action shall be commenced within three (3) years of the time that the wrongful act, neglect or default is discovered or, in the exercise of reasonable diligence, should have been discovered. Whenever any person or corporation is found liable under sections 10-7-1 -- 10-7-4 he or she or it shall be liable in damages in the sum of not less than one hundred two hundred fifty thousand dollars ($150,000) ($250,000).

SECTION 2. This act shall take effect upon passage.


As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!