Delaware Senate Bill 81
Session 152
An Act To Amend Title 10 Of The Delaware Code Relating To Wrongful Death Actions.
Became Law
Signed by Governor on Jul 17, 2023
Sponsors
16 Sponsors
Bryan Townsend
Nicole Poore
S. Elizabeth Lockman
Cyndie Romer
Sean Matthews
Peter C. Schwartzkopf
Spiros Mantzavinos
Marie Pinkney
David P. Sokola
Laura V. Sturgeon
John "Jack" Walsh
Paul S. Baumbach
Valerie Jones Giltner
William Bush
Kendra Johnson
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
Bryan Townsend
grade
Primary
Cyndie Romer
grade
Primary
David P. Sokola
grade
Primary
Edward S. Osienski
grade
Primary
John "Jack" Walsh
grade
Primary
Kendra Johnson
grade
Primary
Laura V. Sturgeon
grade
Primary
Marie Pinkney
grade
Primary
Nicole Poore
grade
Primary
Paul S. Baumbach
grade
Primary
Primary
S. Elizabeth Lockman
grade
Primary
Sean Matthews
grade
Primary
Spiros Mantzavinos
grade
Primary
Valerie Jones Giltner
grade
Primary
William Bush
grade
Primary
checkPassed on May 16, 2023
Motion Text
SM
Senate Roll Call Votes
Eric Buckson
Yes
Kyra L. Hoffner
Yes
Yes
Russell Huxtable
Yes
Yes
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."
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
Open States
Record Created
Apr 7, 2023 1:48:41 PM
Record Updated
Jan 9, 2024 8:59:20 PM