Wrongful Death Bill Stalls in Senate

Wednesday night the Senate called up HF758, a bill which would increase damages recoverable for wrongful death. Specifically, the bill allows recovery of damages for the decedent’s loss of enjoyment of life. This is in addition to damages for loss of consortium and lost economic productive value of the decedent.

Somewhat cleverly, Senator Merlin Bartz (R-Worth) filed a strike-all “abortion amendment” which would allow recovery for expense and actual loss of services, companionship, and society resulting from the injury or death of an unborn child. The amendment would allow a personal representative of the estate of the unborn child to file a wrongful death action on behalf of the unborn child.

In connection with this amendment, Bartz has also filed a “gay marriage amendment.” This amendment specifies that for the purposes of that section of the code, “spouse” means a person of the opposite sex who was married to the decedent at the time of death.

Between frequent breaks for the parties to caucus, the abortion amendment was withdrawn. At 6:09pm the Senate again stood at ease for Republicans to caucus.