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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GERBER, BELFANTI, BOYLE, BRADFORD, BRIGGS, BUXTON, CALTAGIRONE, COHEN, D. COSTA, P. COSTA, DePASQUALE, DERMODY, DeWEESE, DONATUCCI, DRUCKER, EACHUS, FRANKEL, GERGELY, GIBBONS, HARHAI, HARPER, JOSEPHS, W. KELLER, KIRKLAND, LENTZ, LONGIETTI, MANDERINO, MELIO, MUNDY, MURT, M. O'BRIEN, PALLONE, PARKER, PASHINSKI, PAYTON, PETRARCA, SAINATO, SANTONI, SHAPIRO, SIPTROTH, M. SMITH, STABACK, J. TAYLOR, R. TAYLOR, VEREB, WANSACZ, WATERS, WHITE AND WILLIAMS, JANUARY 11, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 11, 2010 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | death action. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 8301 of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 8301. Death action. |
9 | (a) General rule.--An action may be brought, under |
10 | procedures prescribed by general rules, to recover damages for |
11 | the death of an individual caused by the wrongful act or neglect |
12 | or unlawful violence or negligence of another if no recovery for |
13 | the same damages claimed in the wrongful death action was |
14 | obtained by the injured individual during his lifetime and any |
15 | prior actions for the same injuries are consolidated with the |
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1 | wrongful death claim so as to avoid a duplicate recovery. |
2 | (b) Beneficiaries.--Except as provided in subsection (d), |
3 | the right of action created by this section shall exist only for |
4 | the benefit of the spouse, children or parents of the deceased, |
5 | whether or not citizens or residents of this Commonwealth or |
6 | elsewhere. The damages recovered shall be distributed to the |
7 | beneficiaries in the proportion they would take the personal |
8 | estate of the decedent in the case of intestacy and without |
9 | liability to creditors of the deceased person under the statutes |
10 | of this Commonwealth. |
11 | (c) Special damages.--In an action brought under subsection |
12 | (a), the plaintiff shall be entitled to recover, in addition to |
13 | other damages, damages for the mental anguish and sorrow |
14 | incurred by the surviving spouse, dependent children, parents or |
15 | next of kin of the decedent and damages for reasonable hospital, |
16 | nursing, medical, funeral expenses and expenses of |
17 | administration necessitated by reason of injuries causing death. |
18 | (d) Action by personal representative.--If no person is |
19 | eligible to recover damages under subsection (b), the personal |
20 | representative of the deceased may bring an action to recover |
21 | damages for reasonable hospital, nursing, medical, funeral |
22 | expenses and expenses of administration necessitated by reason |
23 | of injuries causing death. |
24 | Section 2. This act shall take effect in 60 days. |
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