House
File
282
-
Introduced
HOUSE
FILE
282
BY
SWAIM
A
BILL
FOR
An
Act
relating
to
damages
recoverable
for
the
wrongful
or
1
negligent
injury
or
death
of
a
person.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2478YH
(2)
84
rh/nh
H.F.
282
Section
1.
Section
613.15,
Code
2011,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
613.15
Injury
or
death
of
spouse
or
parent
——
measure
of
3
recovery.
4
A
spouse
or
child
of
a
person
may
recover
for
the
expense
and
5
actual
loss
of
support,
services,
companionship,
and
society
6
resulting
from
injury
to
or
death
of
the
person.
7
Sec.
2.
Section
633.336,
Code
2011,
is
amended
to
read
as
8
follows:
9
633.336
Damages
for
wrongful
death.
10
1.
When
a
wrongful
act
produces
death,
damages
recovered
11
as
a
result
of
the
wrongful
act
may
include
damages
for
the
12
decedent’s
loss
of
enjoyment
of
life
and
shall
be
disposed
of
13
as
personal
property
belonging
to
the
estate
of
the
deceased;
14
however,
if
the
damages
include
damages
for
loss
of
services
15
and
support
of
a
deceased
spouse,
parent,
or
child,
the
damages
16
shall
be
apportioned
by
the
court
among
the
surviving
spouse,
17
children,
and
parents
of
the
decedent
in
a
manner
as
the
18
court
may
deem
equitable
consistent
with
the
loss
of
services
19
and
support
sustained
by
the
surviving
spouse,
children,
and
20
parents
respectively.
Any
recovery
by
a
parent
for
the
death
21
of
a
child
shall
be
subordinate
to
the
recovery,
if
any,
of
22
the
spouse
or
a
child
of
the
decedent.
If
the
decedent
leaves
23
a
spouse,
child,
or
parent,
damages
for
wrongful
death
shall
24
not
be
subject
to
debts
and
charges
of
the
decedent’s
estate,
25
except
for
amounts
to
be
paid
to
the
department
of
human
26
services
for
payments
made
for
medical
assistance
pursuant
to
27
chapter
249A
,
paid
on
behalf
of
the
decedent
from
the
time
of
28
the
injury
which
gives
rise
to
the
decedent’s
death
up
until
29
the
date
of
the
decedent’s
death.
30
2.
For
the
purposes
of
this
section,
“loss
of
enjoyment
31
of
life”
is
measured
separate
and
apart
from
the
economic
32
productive
value
the
decedent
would
have
had
if
the
decedent
33
lived
and
such
damages
shall
not
be
duplicative
of
damages
34
recoverable
under
sections
613.15
and
613.15A.
35
-1-
LSB
2478YH
(2)
84
rh/nh
1/
2
H.F.
282
EXPLANATION
1
This
bill
relates
to
damages
recoverable
for
the
wrongful
or
2
negligent
injury
or
death
of
a
person.
3
The
bill
provides
that
a
spouse
or
child
of
a
person
may
4
recover
for
the
expense
and
actual
loss
of
support,
services,
5
companionship,
and
society
resulting
from
injury
to
or
death
6
of
the
person.
7
The
bill
also
provides
that,
in
regard
to
Iowa’s
wrongful
8
death
statute
under
Code
section
633.336,
damages
recoverable
9
may
include
damages
for
a
decedent’s
loss
of
enjoyment
of
life,
10
measured
separate
and
apart
from
the
economic
productive
value
11
the
decedent
would
have
had
if
the
decedent
lived
and
such
12
damage
shall
not
be
duplicative
of
damages
recoverable
in
an
13
action
for
the
injury
or
death
of
a
spouse
or
parent
and
in
an
14
action
for
injury
or
death
of
a
child.
15
-2-
LSB
2478YH
(2)
84
rh/nh
2/
2