NY State Senate Bill 2019-S4006

Senate Bill S4006

2019-2020 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 Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2020	reported and committed to finance
Jan 08, 2020	referred to judiciary
May 30, 2019	reported and committed to finance
Feb 25, 2019	referred to judiciary

Votes

- Feb 25, 2020 - Judiciary Committee Vote
  S4006
  
  8
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 25, 2020
      
      aye (8)
      
      Bailey
      
      Hoylman-Sigal
      
      Kaplan
      
      Lanza
      
      Myrie
      
      Ranzenhofer
      
      Sepúlveda
      
      Stavisky
      
      nay (1)
      
      Savino
      
      aye wr (5)
      
      Breslin
      
      Gounardes
      
      LaValle
      
      O'Mara
      
      Thomas
      
      excused (1)
      
      Boyle
  May 30, 2019 - Judiciary Committee Vote
  S4006
  
  11
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 30, 2019
      
      aye (11)
      
      Bailey
      
      Boyle
      
      Gounardes
      
      Hoylman-Sigal
      
      Lanza
      
      Myrie
      
      Ranzenhofer
      
      Savino
      
      Sepúlveda
      
      Stavisky
      
      Thomas
      
      nay (1)
      
      O'Mara
      
      aye wr (2)
      
      Breslin
      
      Kaplan
      
      excused (1)
      
      LaValle

co-Sponsors

View additional co-sponsors

2019-S4006 (ACTIVE) - Details

See Assembly Version of this Bill:: A5612
Current Committee:: Senate Finance
Law Section:: Estates, Powers and Trusts Law
Laws Affected:: Amd §5-4.3, EPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2391, A2872
2011-2012: S2540, A4851
2013-2014: S551, A1001
2015-2016: S336, A164
2017-2018: S411, A1386
2021-2022: S74, A6770
2023-2024: S6636, S8485, A6698, A9232

2019-S4006 (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

2019-S4006 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4006

SPONSOR: HOYLMAN
 
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,  permit recovery of damages for
emotional liable for causing a death. Current law loss only, thus making
it impossible for siblings to receive any compensation for the  wrongful
death  statute,  to  loss  when a tortfeasor is found allows recovery of
pecuniary spouses, children, parents, and 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. 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 advan-
tage 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.411/A.1386 - (2017-2018)
S.336/A.164 - (2015-2016);
S.551/A.1001 (2013-2014);
S.2540/A.4851 (2011- 12)
A.S.2391/A.2872 (2009-10);
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:
This  act  shall  take  effect immediately and shall apply to all trials
commenced on or after said date.

2019-S4006 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4006
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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.

                                                            LBD00880-01-9

 S. 4006                             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.
   §  2.  This  act  shall take effect immediately and shall apply to all
 trials commenced on or after such date.

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