PRINTER'S NO. 2471
No. 1990 Session of 1977
INTRODUCED BY M. P. MULLEN, DECEMBER 14, 1977
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 14, 1977
AN ACT
1 Amending the act of April 26, 1855 (P.L.309, No.323), entitled
2 "An act relating to Damages for Injuries Producing Death,"
3 allowing recovery in wrongful death actions for lost society,
4 solace, guidance, companionship and consortium.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1, act of April 26, 1855 (P.L.309,
8 No.323), entitled "An act relating to Damages for Injuries
9 Producing Death," amended April 1, 1937 (P.L.196, No.48), is
10 amended to read:
11 Section 1. Be it enacted, &c., That the persons entitled to
12 recover damages for any injuries causing death shall be the
13 husband, widow, children, or parents of the deceased, and no
14 other relatives; and that such husband, widow, children, or
15 parents of the deceased shall be entitled to recover, whether
16 he, she, or they be citizens or residents of the Commonwealth of
17 Pennsylvania, or citizens or residents of any other state or
18 place subject to the jurisdiction of the United States, or of
19 any foreign country, or subjects of any foreign potentate; and
1 the sum recovered shall go to them in the proportion they would
2 take his or her personal estate in case of intestacy, and that
3 without liability to creditors under the laws of this
4 Commonwealth. If none of the above relatives are left to
5 survive the decedent, then the personal representative shall be
6 entitled to recover damages for reasonable hospital, nursing,
7 medical, funeral expenses, and expenses of administration
8 necessitated by reason of injuries causing death.
9 In addition to those damages which are now or may hereafter
10 be recovered under this act, the husband, widow, children or
11 parents of the deceased shall be entitled to recover damages for
12 lost society, solace, guidance, companionship and consortium.
13 Section 2. This act shall take effect immediately and shall
14 apply to all actions arising from deaths occurring on or after
15 the effective date.
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