Bill Text: NY S02136 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that damages in wrongful death actions shall include recovery for emotional loss and mental anguish, compensation for expected pecuniary loss and services, care and affection, expenses for medical treatment and reasonable funeral expenses; further provides that court or jury shall specify the amount and for whose benefit damages are awarded.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO JUDICIARY [S02136 Detail]

Download: New_York-2009-S02136-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2136
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 11, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
         payment of damages in wrongful death action
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of section 5-4.3 of the estates,  powers  and
    2  trusts law, as amended by chapter 100 of the laws of 1982, is amended to
    3  read as follows:
    4    (a)  The  damages awarded to the plaintiff may be such sum as the jury
    5  or, where issues of fact are tried without a jury, the court or  referee
    6  deems  to  be  fair  and  just compensation for the [pecuniary] injuries
    7  resulting from the decedent's death to the persons for whose benefit the
    8  action is brought.   In every such action, [in  addition  to  any  other
    9  lawful  element  of  recoverable  damages,  the  reasonable  expenses of
   10  medical aid, nursing and attention incident to the injury causing  death
   11  and  the reasonable funeral expenses of the decedent paid by the distri-
   12  butees, or for the payment of  which  any  distributee  is  responsible,
   13  shall  also  be  proper  elements  of  damage] DAMAGES SHALL INCLUDE THE
   14  FOLLOWING:
   15    (1) EMOTIONAL LOSS AND MENTAL ANGUISH WHICH MAY INCLUDE COMPANIONSHIP,
   16  GUIDANCE AND ADVICE OF THE DECEDENT;
   17    (2) COMPENSATION FOR
   18    (I) REASONABLY EXPECTED PECUNIARY LOSS AND
   19    (II) THE LOSS OF SERVICES, PROTECTION, AFFECTION, CARE AND  ASSISTANCE
   20  PROVIDED BY THE DECEDENT;
   21    (3)  EXPENSES FOR THE CARE, TREATMENT AND HOSPITALIZATION OF THE DECE-
   22  DENT INCIDENT TO THE INJURY RESULTING IN DEATH; AND
   23    (4) REASONABLE FUNERAL EXPENSES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08807-01-9
       S. 2136                             2
    1    Interest upon the principal sum recovered by the  plaintiff  from  the
    2  date  of  the  decedent's  death  shall be added to and be a part of the
    3  total sum awarded.
    4    S 2. Section 5-4.3 of the estates, powers and trusts law is amended by
    5  adding a new paragraph (a-1) to read as follows:
    6    (A-1) DAMAGES ENUMERATED IN SUBPARAGRAPH (1) OR CLAUSE (II) OF SUBPAR-
    7  AGRAPH  (2)  OF  PARAGRAPH  (A) WHICH ARE AWARDED BY A JUDGE OR JURY, OR
    8  APPROVED BY THE COURT PURSUANT TO 5-4.6, SHALL SPECIFY BOTH  THE  AMOUNT
    9  AND THE PERSON FOR WHOSE BENEFIT THE DAMAGES ARE AWARDED OR APPROVED.
   10    S  3.  The  opening paragraph of paragraph (a) of section 5-4.4 of the
   11  estates, powers and trusts law, as amended by chapter 595 of the laws of
   12  1992, is amended to read as follows:
   13    [The] EXCEPT AS PROVIDED IN PARAGRAPH (A-1), damages, as prescribed by
   14  5-4.3, whether recovered in  an  action  or  by  settlement  without  an
   15  action,  are  exclusively for the benefit of the decedent's distributees
   16  and, when collected, shall be distributed to the persons entitled there-
   17  to under 4-1.1 and 5-4.5, except that where the decedent is survived  by
   18  a  parent  or  parents  and a spouse and no issue, the parent or parents
   19  will be deemed to be distributees for  purposes  of  this  section.  The
   20  damages shall be distributed subject to the following:
   21    S 4. Section 5-4.4 of the estates, powers and trusts law is amended by
   22  adding a new paragraph (a-1) to read as follows:
   23    (A-1)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, DAMAGES
   24  AWARDED PURSUANT TO PARAGRAPH (A-1) OF 5-4.3 SHALL BE DISTRIBUTED TO THE
   25  PERSON FOR WHOSE BENEFIT SUCH DAMAGES ARE AWARDED.
   26    S 5. This act shall take effect April 1, 2010 and shall apply to caus-
   27  es of action arising on or after such date.