LOSS OF CONSORTIUM BILL ADVANCES IN LEGISLATURE

    HB 403 proposes an amendment to KRS 411.145 and expand the right to bring loss of consortium claims by the surviving spouse and personal representative for wrongful injury or death of a spouse.   The bill as currently worded would apply retroactively to such claims. Other proposed amendments would limit the amount of an award to $150,000.

 

AN ACT relating to consortium.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1.   KRS 411.145 is amended to read as follows:

(1)        As used in this section “consortium” means the right to the services, assistance, aid, society, companionship and conjugal relationship between husband and wife and includes consortium which a surviving spouse would reasonably have been expected to enjoy in the future if his or her spouse had survived[, or wife and husband].

(2)        A spouse or surviving spouse[Either a wife or husband] may recover damages[ against a third person] for loss of consortium, resulting from the negligence[ a negligent] or wrongful conduct of any party that causes or contributes to cause injury to or the death of his or her spouse[ act of such third person].

(3)        The rights of a surviving spouse to bring a cause of action under this section shall be in addition to any action brought by the personal representative pursuant to KRS 411.130 and all other elements of damages that are usually recoverable in a wrongful death action.

(4)        The causes of action under this section shall be independent causes of action from the underlying injury claim sustained by the injured or deceased spouse. However, an action arising under this section shall be commenced pursuant to the limitations of action that apply to the underlying claim arising from the injury or death of the spouse.

(5)        This section shall be retroactive and shall apply to new actions accruing on or after that date and actions in process as of that date which have not reached final judgment.

 

LEGISLATIVE HISTORY AS OF FEB. 16, 2007:

 

 

HB 403 (BR 1648) – R. Wilkey, J. Bell, M. Cherry, L. Clark, H. Collins, T. Edmonds, J. Gray, J. Greer, R. Henderson, M. Henley, C. Hoffman, J. Jenkins, T. Kerr, M. Marzian, H. Moberly Jr, L. Napier, F. Nesler, R. Palumbo, T. Pullin, R. Rand, C. Rollins II, A. Simpson
     AN ACT relating to consortium.
     Amend KRS 411.145, relating to loss of consortium, to include actions by the surviving spouse as well as the personal representative; specify how limitations of actions apply to the action; provide that section is retroactive.
HB 403 – AMENDMENTS

     HCS – Retain most substantive provisions, except that the provisions are transferred to a new section of KRS Chapter 411 and amended to provide that the consortium claim is brought as part of the wrongful death action and not as a separate lawsuit, that the damages recoverable are separate from other damages and payable only to the surviving spouse, and that the bill applies retroactively in certain situations; EMERGENCY.

     HCA (1/Title, K. Stein) – Make title amendment.

     HFA (1, J. Fischer) – Amend to limit damages recoverable to $150,000 and to provide for non-severability in the event of a finding of unconstitutionality.

     HFA (2, J. Fischer) – Amend to limit damages recoverable to $150,000, to include loss of parental consortium during gestation, and to provide for non-severability in the event of a finding of unconstitutionality.

     HFA (3, J. Fischer) – Amend to limit damages recoverable to $150,000 and to provide for non-severability in the event of a finding of unconstitutionality.

     HFA (4, J. Fischer) – Amend to limit damages recoverable to $150,000, to include loss of parental consortium during gestation, and to provide for non-severability in the event of a finding of unconstitutionality.
     Feb 9-introduced in House
     Feb 12-to Judiciary (H)
     Feb 14-posted in committee
     Feb 15-posting waived
     Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title); floor amendments (3) and (4) filed to Committee Substitute, floor amendments (1) and (2) filed
 

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