Bill Text: PA HB1095 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for death action.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2010-01-27 - Re-committed to APPROPRIATIONS [HB1095 Detail]

Download: Pennsylvania-2009-HB1095-Introduced.html

  

 

    

PRINTER'S NO.  1292

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1095

Session of

2009

  

  

INTRODUCED BY WHITE, BARBIN, BELFANTI, BRENNAN, GIBBONS, HOUGHTON, SIPTROTH, SWANGER AND WALKO, MARCH 25, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2009  

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, further providing for

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death action.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 8301 of Title 42 of the Pennsylvania

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Consolidated Statutes is amended by adding subsections to read:

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§ 8301.  Death action.

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* * *

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(c.1)  Duty of judge or jury.--In awarding an amount of

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damages under this subchapter, the judge or jury shall consider

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all of the facts and circumstances and provide an award based on

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the facts and circumstances that shall compensate for the injury

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resulting in the death.

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(c.2)  Determination of amount.--In determining the amount of

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the award the judge or jury shall consider:

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(1)  Deprivation of expected pecuniary and nonpecuniary

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benefits to beneficiaries that would have resulted from the

 


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continued life of the deceased.

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(2)  Loss of contributions for support.

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(3)  Loss of parental, marital, familial and household

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services, including, but not limited to:

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(i)  Loss of comfort and companionship.

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(ii)  Loss of industry.

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(iii)  Loss of care, training, advice and education.

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(iv)  The reasonable cost of providing for the care

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of minor children.

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(4)  Reasonable funeral expenses not to exceed $15,000.

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(5)  Mental anguish and grief resulting from the death of

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a deceased person.

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(c.3)  Limitation.--Only one action for damages shall lie

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with respect to the death of an individual listed in this

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section.

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* * *

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Section 2.  This act shall take effect in 60 days.

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