NY State Senate Bill 2009-S2391

Senate Bill S2391

2009-2010 Legislative Session

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Feb 19, 2009	referred to judiciary

2009-S2391 (ACTIVE) - Details

See Assembly Version of this Bill:: A2872
Current Committee:: Senate Judiciary
Law Section:: Estates, Powers and Trusts Law
Laws Affected:: Amd §5-4.3, EPT L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2540, A4851
2013-2014: S551, A1001
2015-2016: S336, A164
2017-2018: S411, A1386
2019-2020: S4006, A5612
2021-2022: S74, A6770
2023-2024: S6636, S8485, A6698, A9232

2009-S2391 (ACTIVE) - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought i.e. grief and anguish; loss of love, society, protection, comfort, companionship and consortium; reasonable funeral expenses; reasonable expenses for medical care, treatment etc. prior to death

2009-S2391 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2391

 TITLE OF BILL :
An act to amend the estates, powers and trusts law, in relation to
payment and distribution of damages in wrongful death actions

 PURPOSE :
This bill would permit the families of wrongful death victims to
recover compensation for their emotional anguish.

 SUMMARY OF PROVISIONS :
The bill amends EPTL section 5-4.3, the wrongful death statute, to
permit recovery of damages for emotional loss when a tortfeasor is
found liable for causing a death. Current law allows recovery of
pecuniary loss only, thus making it impossible for spouses, children,
parents, and siblings to receive any compensation for their
non-economic loss.

 JUSTIFICATION :
Families who suffer the loss of a loved one must endure a second blow,
when they discover the civil justice system is unable to compensate
them for their emotional loss. A wrongful death statute that is nearly
150 years old, and sadly out of step with our sister states, prohibits
the grief-stricken family from recovering damages for their emotional
suffering from the wrongdoer.

The current law, which awards compensation for pecuniary loss only,
impacts most harshly on children, seniors, women and minorities, who
often have no income or significantly less income, and are
traditionally undervalued in our society. For many years, the courts
have struggled to overcome the current law's narrow and inhumane
language, which measures the worth of loved family members solely by
their value as wage earners. The law, in essence, says that the
attributes of our family members that we most value--emotional
support, love, companionship, advice and guidance--count for nothing.

At least 41 other states compensate family members for emotional loss.
This bill will not only better address and more fully right the wrong
to the family of the deceased, it will also deter the negligent,
reckless, sometimes criminal behavior that leads to needless deaths.
It is ironic and contrary to public policy that currently a wrongdoer
may take advantage of the law that makes it cheaper to kill someone
than to seriously injure them. This bill would correct this harsh
anomaly of the current wrongful death law.

 LEGISLATIVE HISTORY :
S,1266/A.6420 (2007-08); S.54/A.5856 (2005-06); S.2994/A.6637
(2003-04); S.793/A.7789(2001-02) S.5487/A.8013 (1999);
S.585-A/A.4553-A (1997); S.2133/A.3224 (1995); S.8558/A.11792 (1994)

 FISCAL IMPLICATIONS:
NONE.

 EFFECTIVE DATE :
Immediately and shall apply to all trials commenced on or after said
date.

2009-S2391 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2391

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
  payment and distribution of damages in wrongful death actions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of section 5-4.3 of the estates,  powers  and
trusts law, as amended by chapter 100 of the laws of 1982, is amended to
read as follows:
  (a)  The  damages awarded to the plaintiff may be such sum as the jury
or, where issues of fact are tried without a jury, the court or  referee
deems  to  be  fair  and  just compensation for the [pecuniary] injuries
resulting from the decedent's death to the persons for whose benefit the
action is brought. In every such action, in addition to any other lawful
element of recoverable damages, [the reasonable expenses of medical aid,
nursing and attention incident to  the  injury  causing  death  and  the
reasonable funeral expenses of the decedent paid by the distributees, or
for  the  payment of which any distributee is responsible, shall also be
proper elements of damage] FAIR COMPENSATION FOR THE  FOLLOWING  DAMAGES
MAY  BE RECOVERED:  (I) REASONABLE FUNERAL EXPENSES OF THE DECEDENT PAID
BY THE DISTRIBUTEES, OR FOR THE PAYMENT  OF  WHICH  ANY  DISTRIBUTEE  IS
RESPONSIBLE;  (II)  REASONABLE EXPENSES FOR MEDICAL CARE INCIDENT TO THE
INJURY CAUSING DEATH, INCLUDING BUT NOT  LIMITED  TO  DOCTORS,  NURSING,
ATTENDANT  CARE,  TREATMENT,  HOSPITALIZATION OF THE DECEDENT, AND MEDI-
CINES; (III) GRIEF OR ANGUISH CAUSED BY THE DECEDENT'S  DEATH,  AND  FOR
ANY  DISORDER CAUSED BY SUCH GRIEF OR ANGUISH; (IV) LOSS OF LOVE, SOCIE-
TY, PROTECTION, COMFORT, COMPANIONSHIP, AND  CONSORTIUM  RESULTING  FROM
THE   DECEDENT'S  DEATH;  (V)  PECUNIARY  INJURIES,  INCLUDING  LOSS  OF
SERVICES, SUPPORT, ASSISTANCE, AND LOSS OR DIMINISHMENT OF  INHERITANCE,
RESULTING FROM THE DECEDENT'S DEATH; AND (VI) LOSS OF NURTURE, GUIDANCE,
COUNSEL,  ADVICE,  TRAINING, AND EDUCATION RESULTING FROM THE DECEDENT'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01560-01-9

S. 2391                             2

DEATH.  Interest upon the principal sum recovered by the plaintiff  from
the  date of the decedent's death shall be added to and be a part of the
total sum awarded.
  S  2.  This  act  shall take effect immediately and shall apply to all
trials commenced on or after such date.

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