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