Bill Text: NY A05612 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought i.e. grief and anguish; loss of love, society, protection, comfort, companionship and consortium; reasonable funeral expenses; reasonable expenses for medical care, treatment etc. prior to death; pecuniary injuries due to loss of services, support, inheritance; and loss of nurture, guidance or education.

Spectrum: Partisan Bill (Democrat 29-1)

Status: (Introduced) 2019-02-14 - referred to judiciary [A05612 Detail]

Download: New_York-2019-A05612-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5612
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced  by  M. of A. WEINSTEIN, DINOWITZ, JAFFEE, ZEBROWSKI, LAVINE,
          L. ROSENTHAL,  M. G. MILLER,  AUBRY,  LIFTON,  PAULIN,  COLTON,  FAHY,
          PICHARDO, RICHARDSON, HYNDMAN, ABINANTI, WEPRIN, JOYNER, SANTABARBARA,
          D'URSO,  ORTIZ,  TAYLOR  --  Multi-Sponsored  by -- M. of A. BRABENEC,
          BRAUNSTEIN, CYMBROWITZ, GLICK, GOTTFRIED, LUPARDO, PERRY -- read  once
          and referred to the Committee on Judiciary
        AN  ACT  to  amend  the  estates,  powers and trusts law, in relation to
          payment and distribution of damages in wrongful death actions
          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 lawful
     9  element of recoverable damages, [the reasonable expenses of medical aid,
    10  nursing  and  attention  incident  to  the  injury causing death and the
    11  reasonable funeral expenses of the decedent paid by the distributees, or
    12  for the payment of which any distributee is responsible, shall  also  be
    13  proper  elements  of damage] fair compensation for the following damages
    14  may be recovered:  (i) reasonable funeral expenses of the decedent  paid
    15  by  the  distributees,  or  for  the payment of which any distributee is
    16  responsible; (ii) reasonable expenses for medical care incident  to  the
    17  injury  causing  death,  including  but not limited to doctors, nursing,
    18  attendant care, treatment, hospitalization of the  decedent,  and  medi-
    19  cines;  (iii)  grief  or anguish caused by the decedent's death, and for
    20  any disorder caused by such grief or anguish; (iv) loss of love,  socie-
    21  ty,  protection,  comfort,  companionship, and consortium resulting from
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00880-01-9

        A. 5612                             2
     1  the  decedent's  death;  (v)  pecuniary  injuries,  including  loss   of
     2  services,  support, assistance, and loss or diminishment of inheritance,
     3  resulting from the decedent's death; and (vi) loss of nurture, guidance,
     4  counsel,  advice,  training, and education resulting from the decedent's
     5  death.  Interest upon the principal sum recovered by the plaintiff  from
     6  the  date of the decedent's death shall be added to and be a part of the
     7  total sum awarded.
     8    § 2. This act shall take effect immediately and  shall  apply  to  all
     9  trials commenced on or after such date.
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