Bill Sponsor
Delaware Senate Bill 81
Session 152
An Act To Amend Title 10 Of The Delaware Code Relating To Wrongful Death Actions.
Became Law
Became Law
Signed by Governor on Jul 17, 2023
Sponsors
Democrat
Bryan Townsend
Democrat
Nicole Poore
Democrat
S. Elizabeth Lockman
Unknown
Cyndie Romer
Democrat
Sean Matthews
Democrat
Peter C. Schwartzkopf
Democrat
Spiros Mantzavinos
Democrat
Marie Pinkney
Democrat
David P. Sokola
Democrat
Laura V. Sturgeon
Democrat
John "Jack" Walsh
Democrat
Paul S. Baumbach
Unknown
Valerie Jones Giltner
Democrat
William Bush
Democrat
Kendra Johnson
Democrat
Edward S. Osienski
First Action
Apr 6, 2023
Latest Action
Jul 17, 2023
Origin Chamber
Senate
Type
Bill
Bill Number
81
State
Delaware
Session
152
Sponsorship by Party
Democrat
Primary
Unknown
Cyndie Romer
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Unknown
Valerie Jones Giltner
Primary
Democrat
Primary
Senate Votes (1)
House Votes (1)
checkPassed on May 16, 2023
Motion Text
SM
Summary
This statutory addition to Delaware’s Wrongful Death Act will permit the spouse, parents, children, and siblings of a deceased person to recover punitive damages when the actions resulting in the death of another person were maliciously intended or the result of willful or wanton misconduct by the at fault party. Punitive damages are intended to deter the at fault party from future similar conduct and to punish the at fault party for reckless conduct. Presently, an estate can recover punitive damages under a survival action pursuant to 10 Del C. § 3701. A survival action involves the death of an individual as the result of the at fault party where that individual suffers for a period of time before dying. Whereas, a wrongful death action involves the instantaneous death of an individual as the result of the at fault party. This led to cases where the issue of whether a defendant faced punitive damages depended not on the defendant's own actions, but on whether the deceased had suffered long enough for a survival action. This Act also clarifies the definitions of "child" and "parent."
Actions (7)
07/17/2023
Office of the Governor
Signed by Governor
06/30/2023
House
Passed By House. Votes: 41 YES
06/14/2023
House
Reported Out of Committee (Judiciary) in House with 3 Favorable, 6 On Its Merits
05/17/2023
House
Assigned to Judiciary Committee in House
05/16/2023
Senate
Passed By Senate. Votes: 21 YES
05/03/2023
Senate
Reported Out of Committee (Judiciary) in Senate with 7 On Its Merits
04/06/2023
Senate
Introduced and Assigned to Judiciary Committee in Senate
Sources
Record Created
Apr 7, 2023 1:48:41 PM
Record Updated
Jan 9, 2024 8:59:20 PM