Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-01254—G|\/IS Document 135-2 Filed 09/13/2006 Page 1 013
EXHIBIT A

Case 1:04-cv-01254—G|\/IS Document 135-2 Filed 09/13/2006 Page 2 of 3
Westlaw
DE ST TI 10 § 3724 Page 1
10 Del.C. § 3724
C
West's Delaware Code Annotated Currentness
Title 10. Courts and Judicial Procedures
Part III. Procedure
Rd Chapter 37. Survival of Actions and Causes of Action; Wrongful Death
Actions
ld Subchapter II. Wrongful Death Actions
~+§ 3724. Action for wrongful death
(a) An action under this subchapter shall be for the benefit of the spouse,
parent, child and siblings of the deceased person.
(b) If there are no persons who qualify under subsection (a) of this section, an
action shall be for the benefit of any person related to the deceased person by
blood or marriage.
(c) In an action under this subchapter, damages may be awarded to the beneficiaries
proportioned to the injury resulting from the wrongful death. The amount recovered
shall be divided among the beneficiaries in shares directed by the verdict.
(d) In fixing the amount of damages to be awarded under this subchapter, the court
or jury shall consider all the facts and circumstances and from them fix the award
at such sum as will fairly compensate for the injury resulting from the death. In
determining the amount of the award the court or jury may consider the following:
(1) Deprivation of the expectation of pecuniary benefits to the beneficiary or
beneficiaries that would have resulted from the continued life of the deceased;
(2) Loss of contributions for support;
(3) Loss of parental, marital and household services, including the reasonable
cost of providing for the care of minor children;
(4} Reasonable funeral expenses not to exceed $7,000, or the amount designated in
Section 5546(a) of Title 29, whichever is greater;
(5) Mental anguish resulting from such death to the surviving spouse and next~of~
kin of such deceased person. However, when mental anguish is claimed as a measure
of damages under this subchapter, such claim for mental anguish will be applicable
only to the surviving spouse, children and persons to whom the deceased stood in
loco parentis at the time of the injury which caused the death of the deceased,
parents and persons standing in loco parentis to the deceased at the time of the
iniury which caused the death of the deceased (if there is no surviving spouse,
children or persons to whom the deceased stood in locc parentis), and siblings (if
there is no surviving spouse, children, persons to whom the deceased stood in loco
parentis at the time of the injury, parents or persons standing in loco parentis
to the deceased at the time of the injury which caused the death of the deceased}.
(e) Only 1 action under the subchapter lies in respect to the death of a person.
(f} For the purposes of this section, a person born to parents who have not
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Case 1:04-cv-01254—G|\/IS Document 135-2 Filed 09/13/2006 Page 3 of 3
DE ST TI 10 § 3724 Page 2
10 Del.C. § 3724
participated in a marriage ceremony with each other is considered to be the child
of the mother. The person is considered to be the child of the other parent only
if the father:
(1} Has been judicially determined to be the father; or
{2) Prior to the death of the child:
a. Has acknowledged himself, in writing, to be the father; or
b. Has openly and notoriously recognized the person to be his child; or
c. Has subsequently married the mother and has acknowledged himself, orally or
in writing, to be the father.
63 Laws 1982, ch. 256, § 4; 72 Laws 1999, ch. 47, § 2, eff. June 14, 1999; 72
Laws 1999, ch. 47, § 3, eff. June 14, 1999; 75 Laws 2006, ch. 266, § l, eff. May
15, 2006.
HISTORICAL AND STATUTORY NOTES
2006 Legislation
75 Laws 2006, ch. 266, § 1, amended this section by substituting "$7,000, or the
amount designated in Section 5546(a) of Title 29, whichever is greater.” for
"$2,000,¤ in Subsec. (d)(4).
72 Laws 1999, ch. 47, § 4, provides:
"This Act shall apply to all wrongful deaths which occur after enactment.”
10 Del.C. § 3724, DE ST TI 10 § 3724
Current through 75 Laws 2005, ch. 440.
Revisions to Acts from the Second Regular Session 143rd General Assembly
made by the Delaware Code Revisors were unavailable at time of publication-
Copr. 2006 Thomson/West.
END OF DOCUMENT
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Worker