RELATING TO COURTS AND CIVIL PROCEDURE -- PARTICULAR ACTIONS -- DEATH BY WRONGFUL ACT
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Introduced
By: Representatives Anguilla, Schadone, D Caprio, Williamson, and Murphy
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Date
Introduced: February 05, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. Section 10-7-2 of the General Laws in Chapter 10-7
entitled "Death by Wrongful Act" is hereby amended to read as
follows:
10-7-2. Persons who may bring actions --
Limitation of actions -- Minimum recovery period. -- Every action
under this chapter, other than one brought under section 10-7-1.2, shall be
brought by and in the name of the executor or administrator of the deceased
person, whether appointed or qualified within or without the state, and of the
amount recovered in every action under this chapter one-half (1/2) shall go to
the husband or widow, and one-half (1/2) shall go to the children of the
deceased, and if there are no children, the whole shall go to the husband or
widow, and, if there is no husband or widow, to the next of kin, in the
proportion provided by law in relation to the distribution of personal property
left by persons dying intestate; except that no person who is adjudged to be in
willful contempt of being in excess of six (6) months in arrears of an order to
pay child support for the deceased individual shall be allowed recovery
pursuant to this chapter and a person so adjudged shall be deemed to have
predeceased the child for the purpose of determining distribution under the
intestacy statute. Every action brought under section 10-7-1.2 shall be brought
by and in the name of the person or persons sustaining the loss of society,
companionship and/or consortium and the amount recovered shall go to the person
or persons who sustained the loss. Except as otherwise provided, every action
brought pursuant to this chapter shall be commenced within three (3) years
after the death of the person. With respect to any death caused by any wrongful
act, neglect or default which is not known at the time of death, the action
shall be commenced within three (3) years of the time that the wrongful act,
neglect or default is discovered or, in the exercise of reasonable diligence,
should have been discovered. Whenever any person or corporation is found liable
under sections 10-7-1 -- 10-7-4 he or she or it shall be liable in damages in
the sum of not less than one hundred two hundred fifty thousand
dollars ($150,000) ($250,000).
SECTION
2. This act shall take effect upon passage.