Plaintiffs in wrongful death actions.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0235

HOUSE BILL
NO.
HB0051

Plaintiffs in wrongful death actions.

Sponsored by:
Representative(s) Lubnau and Senator(s) Ross

A BILL

for

AN ACT relating to
civil procedure;

amending and clarifying who may receive awards of damages in wrongful death actions;
providing for applicability of the act;

and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 1
‑
38
‑
102(c) is amended to read:

1
‑
38
‑
102.

Action to be brought by personal representative; recovery exempt from debts; measure and element of damages; limitation of action.

(c)

The court or jury, as the case may be, in every
such

action
brought under the provisions of this section
may award
such

damages, pecuniary and exemplary, as shall be deemed fair and just.
Every person for whose benefit such action is brought may prove his respective damages, and
T
he court or jury may award
such

any
person
named
as a beneficiary
in a
valid
will or
testamentary
trust instrument
of the
dece
a
sed

that
amount of damages to which it considers
such

the
person entitled, including damages for loss of probable future companionship, society and comfort.
In the absence of a
valid
will or
testamentary
trust instrument, the court or jury may award any person who may be entitled to damages as an heir of the deceased under W.S. 2
‑
4
‑
101(a), or if no heir may take under that subsection, any person who may be entitled under W.S. 2
‑
4
‑
101(c), that amount of damages to which it considers the person entitled.

Section 2.

The provisions of W.S. 1
‑
38
‑
102(c), as amended by this act, shall be effective for any wrongful death action commenced under W.S. 1
‑
38
‑
102 on or after July 1, 2010.

Section
3
.

This act is effective July 1, 20
10
.

(END)

1
HB0051