Bill Text: CT SB00247 | 2016 | General Assembly | Comm Sub
Bill Title: An Act Concerning A Cause Of Action For Loss Of Consortium By A Minor Child With Respect To The Death Of A Parent.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-05-01 - House Calendar Number 546 [SB00247 Detail]
Download: Connecticut-2016-SB00247-Comm_Sub.html
General Assembly |
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February Session, 2016 |
*_____SB00247JUD___032216____* |
AN ACT CONCERNING A CAUSE OF ACTION FOR LOSS OF CONSORTIUM BY A MINOR CHILD WITH RESPECT TO THE DEATH OF A PARENT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) Any claim or cause of action for loss of consortium by a minor child with respect to the death of a parent shall be separate from and independent of all claims or causes of action for the determination of damages with respect to such death. Any claim brought pursuant to this section shall be derivative to the claim for wrongful death to the same extent as claims for loss of spousal consortium brought pursuant to section 52-555a of the general statutes.
Sec. 2. (NEW) (Effective from passage) Any claim or cause of action for loss of consortium by a minor child with respect to the death of a parent, which claim or cause of action may include, without limitation, claims for damages with respect to the loss of love, care, companionship and guidance provided by the parent, suffered because of the death of the parent. Only the minor child raising the claim shall recover the pecuniary value of the parent's services to such child. Any such claim or cause of action shall be brought with or joined with the claims and causes of action with respect to the death of the parent.
Sec. 3. (NEW) (Effective from passage) (a) No action with respect to any claim or cause of action for loss of consortium by a minor child shall be commenced except within the time within which an action may be commenced with respect to the death of the parent in relation to which the action for loss of consortium arises.
(b) Any claim or cause of action for loss of consortium by a minor child arising out of the claim or cause of action for the wrongful death of a parent shall be contingent upon proof of facts sufficient to establish recovery for the claim or cause of action for wrongful death. Nothing in this section or section 1 or 2 of this act shall limit the assertion of any defenses against the claim or cause of action for loss of consortium that would be available against the claim or cause of action for wrongful death.
(c) Any claim or cause of action for loss of consortium by a minor child made pursuant to this section shall be limited to the time period that the child is a minor.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
New section |
Sec. 2 |
from passage |
New section |
Sec. 3 |
from passage |
New section |
JUD |
Joint Favorable Subst. |