House File 758 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 172) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to damages recoverable for the wrongful or 2 negligent injury or death of a person. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1737HV 83 5 rh/rj/5 PAG LIN 1 1 Section 1. Section 613.15, Code 2009, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 613.15 INJURY TO OR DEATH OF SPOUSE OR PARENT. 1 5 A spouse or child of a person may recover for the expense 1 6 and actual loss of support, services, companionship, and 1 7 society resulting from injury to or death of the person. 1 8 Sec. 2. Section 633.336, Code 2009, is amended to read as 1 9 follows: 1 10 633.336 DAMAGES FOR WRONGFUL DEATH. 1 11 1. When a wrongful act produces death, damages recovered 1 12 as a result of the wrongful act may include damages for the 1 13 decedent's loss of enjoyment of life and shall be disposed of 1 14 as personal property belonging to the estate of the deceased; 1 15 however, if the damages include damages for loss of services 1 16 and support of a deceased spouse, parent, or child, the 1 17 damages shall be apportioned by the court among the surviving 1 18 spouse, children, and parents of the decedent in a manner as 1 19 the court may deem equitable consistent with the loss of 1 20 services and support sustained by the surviving spouse, 1 21 children, and parents respectively. Any recovery by a parent 1 22 for the death of a child shall be subordinate to the recovery, 1 23 if any, of the spouse or a child of the decedent. If the 1 24 decedent leaves a spouse, child, or parent, damages for 1 25 wrongful death shall not be subject to debts and charges of 1 26 the decedent's estate, except for amounts to be paid to the 1 27 department of human services for payments made for medical 1 28 assistance pursuant to chapter 249A, paid on behalf of the 1 29 decedent from the time of the injury which gives rise to the 1 30 decedent's death up until the date of the decedent's death. 1 31 2. For the purposes of this section, "loss of enjoyment of 1 32 life" is measured separate and apart from the economic 1 33 productive value the decedent would have had if the decedent 1 34 lived and such damages shall not be duplicative of damages 1 35 recoverable under sections 613.15 and 613.15A. 2 1 EXPLANATION 2 2 This bill relates to damages recoverable for the wrongful 2 3 or negligent injury or death of a person. 2 4 The bill provides that a spouse or child of a person may 2 5 recover for the expense and actual loss of support, services, 2 6 companionship, and society resulting from injury to or death 2 7 of the person. 2 8 The bill also provides that, in regard to Iowa's wrongful 2 9 death statute under Code section 633.336, damages recoverable 2 10 may include damages for a decedent's loss of enjoyment of 2 11 life, measured separate and apart from the economic productive 2 12 value the decedent would have had if the decedent lived and 2 13 such damage shall not be duplicative of damages recoverable in 2 14 an action for the injury or death of a spouse or parent and in 2 15 an action for injury or death of a child. 2 16 LSB 1737HV 83 2 17 rh/rj/5