12105668D
SENATE BILL NO. 674
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 27, 2012)
(Patrons Prior to Substitute--Senators Stanley and Garrett)
A BILL to amend and reenact §8.01-50 of the Code of Virginia,
relating to action for death by wrongful act; fetal death.
Be it enacted by the General Assembly of Virginia:
1. That §8.01-50 of the Code of Virginia is amended
and reenacted as follows:
§8.01-50. Action for death by wrongful act; how and when to
be brought.
A. Whenever the death of a person shall be caused by the
wrongful act, neglect, or default of any person or corporation, or of any ship
or vessel, and the act, neglect, or default is such as would, if death had not
ensued, have entitled the party injured to maintain an action, or to proceed in
rem against such ship or vessel or in personam against the owners thereof or
those having control of her, and to recover damages in respect thereof, then,
and in every such case, the person who, or corporation or ship or vessel which,
would have been liable, if death had not ensued, shall be liable to an action for
damages, or, if a ship or vessel, to a libel in rem, and her owners or those
responsible for her acts or defaults or negligence to a libel in personam,
notwithstanding the death of the person injured, and although the death shall
have been caused under such circumstances, as amount in law to a felony.
B. Whenever a fetal death, as defined in §32.1-249, is
caused by the wrongful act, neglect, or default of any person, ship, vessel, or
corporation, the natural mother of the fetus may bring an action pursuant to
this section against such tortfeasor. Nothing in this section shall be
construed to create a cause of action for a fetal death against the natural
mother of the fetus.
BC. Every such action under this section
subsection A shall be brought by and in the name of the personal
representative of such deceased person within the time limits specified in §
8.01-244. Actions for fetal death under subsection B shall be brought by
and in the name of the natural mother; provided, however, if the natural mother
dies, or is or becomes a person under a disability as defined in §8.01-2, such
action may be initiated or maintained by the administrator of the natural
mother's estate, her guardian, or her personal representative qualified to
bring such action. In an action for fetal death under subsection B brought
under Chapter 21.1 (§8.01-581.1 et seq.) where the wrongful act that resulted
in a fetal death also resulted in the death of another fetus of the natural
mother or in the death or injury of the natural mother, recovery for all
damages sustained as a result of such wrongful act shall not exceed the
limitations on the total amount recoverable for a single patient for any injury
under §8.01-581.15. The person bringing an action under subsection B shall
have the power to compromise a claim pursuant to §8.01-55 and any damages
recovered shall be distributed pursuant to this article. Every such action
under this section shall be brought within the time limits specified in §
8.01-244.
CD. If the deceased person was an infant who was
in the custody of a parent pursuant to an order of court or written agreement
with the other parent, administration shall be granted first to the parent
having custody; however, that parent may waive his right to qualify in favor of
any other person designated by him. If no such parent or his designee applies
for administration within thirty 30 days from the death of the
infant, administration shall be granted as in other cases.
E. For purposes of this section, "natural mother"
means the woman carrying the child.
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