S-0560.1                   _______________________________________________

                                                     SENATE BILL 5077

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senator Vognild

Read first time 01/12/93.  Referred to Committee on Law & Justice.

Specifying when damages for pain and suffering of a deceased person may be recovered by survivors.

          AN ACT Relating to survival of actions and damages; and amending RCW 4.20.046.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 4.20.046 and 1961 c 137 s 1 are each amended to read as follows:

          (1) All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise, and whether or not such actions would have survived at the common law or prior to the date of enactment of this section:  PROVIDED, HOWEVER, That ((no)) the personal representative shall only be entitled to recover damages for pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by a deceased on behalf of those beneficiaries enumerated in RCW 4.20.020, and such damages are recoverable regardless of whether or not the death was occasioned by the injury that is the basis for the action.  The liability of property of a husband and wife held by them as community property to execution in satisfaction of a claim enforceable against such property so held shall not be affected by the death of either or both spouses; and a cause of action shall remain an asset as though both claiming spouses continued to live despite the death of either or both claiming spouses.

          (2) Where death or an injury to person or property, resulting from a wrongful act, neglect or default, occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not occurred simultaneously with such death or injury or had not intervened between the wrongful act, neglect or default and the resulting death or injury, an action to recover damages for such death or injury may be maintained against the personal representative of such person.

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