House Study Bill 172 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON SWAIM)


    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 spouse or parent.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1737HC 83
  5 rh/rj/5

PAG LIN



  1  1    Section 1.  Section 613.15, Code 2009, is amended to read
  1  2 as follows:
  1  3    613.15  INJURY OR DEATH OF SPOUSE OR PARENT == MEASURE OF
  1  4 RECOVERY.
  1  5    1.  In any action for damages because of the wrongful or
  1  6 negligent injury or death of a woman spouse or parent, there
  1  7 shall be no disabilities or restrictions, and recovery may be
  1  8 had on account thereof in the same manner as in cases of
  1  9 damage because of the wrongful or negligent injury or death of
  1 10 a man.  In addition she, or her administrator for her estate,
  1 11 the surviving spouse or child, including an adult child, may
  1 12 recover for physician's services, nursing and hospital
  1 13 expense, and in the case of both women and men, such person,
  1 14 or the appropriate administrator, may recover expenses, the
  1 15 value of services and support as spouse or parent, or both, as
  1 16 the case may be, and the decedent's loss of enjoyment of life,
  1 17 in such sum as the jury deems proper; provided, however,
  1 18 recovery for these elements of damage may not be had by the
  1 19 spouse and children, as such, child of any person who, or
  1 20 whose administrator, is entitled to recover same.
  1 21    2.  For purposes of this section:
  1 22    a.  "Loss of enjoyment of life" includes but is not limited
  1 23 to the value of life itself and is measured separate from the
  1 24 economic productive value the decedent would have had.
  1 25    b.  "Services and support" includes but is not limited to
  1 26 the expense and actual loss of financial support and
  1 27 companionship including the loss of counsel, guidance, advice,
  1 28 assistance, and protection.
  1 29                           EXPLANATION
  1 30    This bill relates to damages recoverable for the wrongful
  1 31 or negligent injury or death of a spouse or parent.
  1 32    The bill provides that in any action for damages because of
  1 33 the wrongful or negligent injury or death of a spouse or
  1 34 parent, the surviving spouse or child, including an adult
  1 35 child, may recover damages for the value of physician's
  2  1 services; nursing and hospital expenses; lost services and
  2  2 support, defined to include but not be limited to the expense
  2  3 and actual loss of financial support and companionship
  2  4 including the loss of counsel, guidance, advice, assistance,
  2  5 and protection; and the decedent's loss of enjoyment of life.
  2  6 "Loss of enjoyment of life" includes but is not limited to the
  2  7 value of life itself and is measured separate from the
  2  8 economic productive value the decedent would have had.
  2  9 LSB 1737HC 83
  2 10 rh/rj/5.1