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S1171................................................by JUDICIARY AND RULES
CHILDREN - PARENTS - Amends and adds to existing law to provide for an
action for damages for the loss of companionship, comfort, love and society
suffered by parents of an injured minor child; to provide for an action for
injury of a parent or guardian by a minor child or ward; to provide against
whom the action may be maintained; and to provide that the action may
include damages for the loss of companionship, comfort, love and society
suffered by the minor child or ward of an injured parent or guardian.
02/22 Senate intro - 1st rdg - to printing
02/23 Rpt prt - to Jud
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 28-5-2
AYES -- Andreason, Bastian, Bilyeu, Broadsword, Cameron, Corder,
Darrington, Davis, Fulcher, Gannon, Goedde, Hammond, Heinrich,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee,
McKague, McKenzie, Pearce, Richardson, Schroeder, Stennett, Werk
NAYS -- Bair, Geddes, Hill, Siddoway, Stegner
Absent and excused -- Burkett, Coiner
Floor Sponsor - Kelly
Title apvd - to House
03/02 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1171
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ACTIONS FOR INJURY; AMENDING SECTION 5-310, IDAHO CODE, TO PROVIDE
3 FOR AN ACTION FOR DAMAGES FOR THE LOSS OF COMPANIONSHIP, COMFORT, LOVE AND
4 SOCIETY SUFFERED BY PARENTS OF AN INJURED MINOR CHILD; AND AMENDING CHAP-
5 TER 3, TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-312, IDAHO
6 CODE, TO PROVIDE FOR AN ACTION FOR INJURY OF A PARENT OR A GUARDIAN BY A
7 MINOR CHILD OR WARD, TO PROVIDE AGAINST WHOM THE ACTION MAY BE MAINTAINED
8 AND TO PROVIDE THAT THE ACTION MAY INCLUDE DAMAGES FOR THE LOSS OF COMPAN-
9 IONSHIP, COMFORT, LOVE AND SOCIETY SUFFERED BY THE MINOR CHILD OR WARD OF
10 AN INJURED PARENT OR GUARDIAN.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 5-310, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 5-310. ACTION FOR INJURY TO UNMARRIED CHILD. (1) The parents may maintain
15 an action for the injury of an unmarried minor child, and for the injury of a
16 minor child who was married at the time of his injury and whose spouse died as
17 a result of the same occurrence and who leaves no issue, and a guardian for
18 the injury of his ward, when such injury is caused by the wrongful act or
19 neglect of another, but if either the father or mother be dead or has aban-
20 doned his or her family, the other is entitled to sue alone.
21 (2) Such action may be maintained against the person causing the injury,
22 or if such person be employed by another person, who is responsible for his
23 conduct, also against such other person.
24 (3) Such action may include damages for the loss of companionship, com-
25 fort, love and society suffered by parents of an injured minor child.
26 SECTION 2. That Chapter 3, Title 5, Idaho Code, be, and the same is
27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
28 ignated as Section 5-312, Idaho Code, and to read as follows:
29 5-312. ACTION FOR INJURY TO PARENT OR GUARDIAN. (1) The minor child or
30 ward may maintain an action for the injury of a parent or a guardian, when
31 such injury is caused by the wrongful act or neglect of another.
32 (2) Such action may be maintained against the person causing the injury,
33 or if such person is employed by another person, who is responsible for his
34 conduct, also against such other person.
35 (3) Such action may include damages for the loss of companionship, com-
36 fort, love and society suffered by the minor child or ward of an injured par-
37 ent or guardian.
STATEMENT OF PURPOSE
RS 17080
This legislation is designed to:
1. Recognize that parents of a negligently injured minor child
can maintain a cause of action for damages for a loss of
filial consortium; and
2. Recognize that the minor child of a negligently injured
parent or guardian can maintain a cause of action for
damages including damages for a loss of parental consortium.
FISCAL NOTE
There is no impact to the general fund.
Contact
Name: Senator Bart Davis
Phone: 334-1305
Senator Kate Kelly
Phone: 850-7217
STATEMENT OF PURPOSE/FISCAL NOTE S 1171