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 awomanspouse or parent, there 1 7 shall be no disabilities or restrictions, andrecovery 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 13expense, and in the case of both women and men, such person, 1 14 or the appropriate administrator, may recoverexpenses, 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 andchildren, 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