First Regular Session
Sixty-second General Assembly
LLS NO. 99-0439.01 Gregg Fraser HOUSE BILL 99-1226
STATE OF COLORADO
BY REPRESENTATIVE Kaufman;
also SENATOR Lamborn.
REENGROSSED
JUDICIARY
[] CONCERNING DAMAGES IN WRONGFUL DEATH CASES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Grants the surviving siblings of a person killed by the wrongful act of
another a cause of action in wrongful death if the deceased is an
unmarried minor or an unmarried adult without descendants or surviving
parents. Specifies that such siblings of the deceased shall have an equal
interest in the judgment.
Authorizes the award of exemplary damages in addition to actual
damages in wrongful death cases where the death complained of is
attended by circumstances of fraud, malice, or willful and wanton
conduct. Specifies that the amount of the exemplary damages is not to
exceed the amount of actual damages awarded. Permits a court to reduce,
disallow, or increase any award of exemplary damages in certain
circumstances.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. The general assembly
3 hereby declares that it is the policy of this state that heirs of persons
4 killed by the wrongful act of another, whether that act was negligent,
5 reckless, or intentional, shall be permitted to recover damages in a civil
6 action the same as if the person had been injured. In furtherance of this
7 policy, the general assembly finds that the statutory provisions for the
8 recovery of damages in civil actions for personal injury should be applied
9 equally to actions for damages for wrongful death. The general assembly
10 also declares that it is the policy of this state that heirs of a person
11 wrongfully killed should be determined by the laws of intestacy and that
12 no such heir who suffers damages by reason of the wrongful death of
13 another should be denied a cause of action for wrongful death damages.
14 SECTION 2. 13-21-201 (1) (c), Colorado Revised Statutes, is
15 amended to read:
16 13-21-201. Damages for death. (1) When any person dies from
17 any injury resulting from or occasioned by the negligence, unskillfulness,
18 or criminal intent of any officer, agent, servant, or employee while
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1 running, conducting, or managing any locomotive, car, or train of cars,
2 or of any driver of any coach or other conveyance operated for the
3 purpose of carrying either freight or passengers for hire while in charge
4 of the same as a driver, and when any passenger dies from an injury
5 resulting from or occasioned by any defect or insufficiency in any
6 railroad or any part thereof, or in any locomotive or car, or other
7 conveyance operated for the purpose of carrying either freight or
8 passengers for hire, the corporation or individuals in whose employ any
9 such officer, agent, servant, employee, master, pilot, engineer, or driver
10 is at the time such injury is committed, or who owns any such railroad,
11 locomotive, car, or other conveyance operated for the purpose of carrying
12 either freight or passengers for hire at the time any such injury is
13 received, and resulting from or occasioned by the defect or insufficiency
14 above described shall forfeit and pay for every person and passenger so
15 injured the sum of not exceeding ten thousand dollars and not less than
16 three thousand dollars, which may be sued for and recovered:
17 (c) If the deceased is an unmarried minor without descendants or
18 an unmarried adult without descendants, by the father or mother who may
19 join in the suit, and each shall have an equal interest in the judgment; or
20 if either of them is dead, then by the surviving parent AND IF BOTH
21 PARENTS ARE DEAD, THEN BY THE SURVIVING SIBLINGS OF THE DECEASED,
22 ALL HAVING AN EQUAL INTEREST IN THE JUDGMENT.
23 SECTION 3. 13-21-202, Colorado Revised Statutes, is amended
24 to read:
25 13-21-202. Action notwithstanding death. (1) When the death
26 of a person is caused by a wrongful act, neglect, or default of another,
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1 and the act, neglect, or default is such as would, if death had not ensued,
2 have entitled the party injured to maintain an action and recover damages
3 in respect thereof, then, and in every such case, the person who or the
4 corporation which THAT would have been liable, if death had not ensued,
5 shall be liable in an action for damages notwithstanding the death of the
6 party injured.
7 (2) (a) IN ALL CIVIL ACTIONS FOR DAMAGES BROUGHT UNDER
8 SUBSECTION (1) OF THIS SECTION IN WHICH DAMAGES ARE ASSESSED BY
9 THE TRIER OF FACT, AND THE DEATH COMPLAINED OF IS ATTENDED BY
10 CIRCUMSTANCES OF FRAUD, MALICE, OR WILLFUL AND WANTON CONDUCT,
11 THE TRIER OF FACT, IN ADDITION TO THE ACTUAL DAMAGES, MAY AWARD
12 REASONABLE EXEMPLARY DAMAGES. THE AMOUNT OF SUCH REASONABLE
13 EXEMPLARY DAMAGES SHALL NOT EXCEED AN AMOUNT THAT IS EQUAL TO
14 THE AMOUNT OF THE ACTUAL DAMAGES AWARDED TO THE INJURED PARTY.
15 (b) FOR PURPOSES OF THIS SUBSECTION (2), "WILLFUL AND
16 WANTON CONDUCT" SHALL HAVE THE SAME MEANING AS SET FORTH IN
17 SECTION 13-21-102 (1) (b).
18 (3) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) OF
19 THIS SECTION, THE COURT MAY REDUCE OR DISALLOW THE AWARD OF
20 EXEMPLARY DAMAGES TO THE EXTENT THAT:
21 (a) THE DETERRENT EFFECT OF THE DAMAGES HAS BEEN
22 ACCOMPLISHED; OR
23 (b) THE CONDUCT THAT RESULTED IN THE AWARD HAS CEASED; OR
24 (c) THE PURPOSE OF SUCH DAMAGES HAS OTHERWISE BEEN
25 SERVED.
26 (4) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) OF
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1 THIS SECTION, THE COURT MAY INCREASE ANY AWARD OF EXEMPLARY
2 DAMAGES TO A SUM NOT TO EXCEED THREE TIMES THE AMOUNT OF ACTUAL
3 DAMAGES, IF IT IS SHOWN THAT:
4 (a) THE DEFENDANT HAS CONTINUED THE BEHAVIOR OR REPEATED
5 THE ACTION THAT IS THE SUBJECT OF THE CLAIM AGAINST THE DEFENDANT
6 IN A WILLFUL AND WANTON MANNER AGAINST ANOTHER PERSON OR
7 PERSONS DURING THE PENDENCY OF THE CASE; OR
8 (b) THE DEFENDANT HAS ACTED IN A WILLFUL AND WANTON
9 MANNER DURING THE PENDENCY OF THE ACTION IN A MANNER THAT HAS
10 FURTHER AGGRAVATED THE DAMAGES OF THE PLAINTIFF WHEN THE
11 DEFENDANT KNEW OR SHOULD HAVE KNOWN SUCH ACTION WOULD
12 PRODUCE AGGRAVATION.
13 SECTION 4. Effective date - applicability. This act shall take
14 effect July 1, 1999, and shall apply to causes of action accruing on or
15 after said date.
16 SECTION 5. Safety clause. The general assembly hereby finds,
17 determines, and declares that this act is necessary for the immediate
18 preservation of the public peace, health, and safety.