Narrative of Resolution:
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Urge Governor Hochul to sign the Grieving Families Act into Law
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RESOLUTION SPONSORED BY TERRY BERNARDO, DISTRICT 9 LEGISLATOR AND COSPONSORED BY MATTHEW MCPHILLIPS, DISTRICT 1 LEGISLATOR, BRIAN MCPHILLIPS, DISTRICT 3 LEGISLATOR, CATHERINE SCOTT, DISTRICT 5 LEGISLATOR AND LUIS ALVAREZ, DISTRICT 6 LEGISLATOR URGING GOVERNOR KATHY HOCHUL TO SIGN SENATE BILL S6636 AND ASSEMBLY BILL A6698 AN ACT TO AMEND THE ESTATES, POWERS AND TRUSTS LAW IN RELATION TO THE PAYMENT AND DISTRIBUTION OF DAMAGES IN WRONGFUL DEATH ACTIONS INTO LAW
WHEREAS, Travis Shane Davis, a lifelong resident of Livingston Manor and an employee of the Town of Rockland Highway Department was tragically killed in a traffic accident on August 11, 2024 and the other driver was ticketed for not yielding the right of way. Because Mr. Davis was unmarried and without children, New York State law left his parents no recourse under current law for their grief, emotional pain, and suffering at the loss of their only child.
WHEREAS, in 2024, New York State is one of only two states in the U.S. that has not amended or updated its wrongful death law enacted in 1847. Under the current 177-year old law, an award for wrongful death is limited to compensation for economic loss only, effectively telling close family members that the love, companionship and guidance their loved on once provided means nothing; that the grief, emotional suffering and profound loss they have experienced means nothing; and that the loved one they tragically lost because of someone else’s negligence has no value because he/she does not fit the very narrow, antiquated definition of family as defined 177 years ago.
WHEREAS, In 2024 families come in all shapes, sizes and structures - much different than families defined in 1847. No one’s grief should be measured by archaic notions of family breadwinners or whether the loved ones had dependents or not. Currently countless New York families have suffered unbearable grief and have no standing to be compensated for their emotional suffering.
WHEREAS, If the current law is not repealed, countless more New York families will suffer in the future when they, too, lose a loved one to another’s negligent acts who does not fit the 1847 definition of family.
WHEREAS, The Grieving Families Act will allow New York courts to recognize and consider the grief and emotional turmoil when compensating bereaved close family members who have lost loved ones under tragic circumstances due to another person’s recklessness, carelessness and negligence.
WHEREAS, the following language will be considered by the New York State Assembly, New York State Senate and Governor Kathy Hochul again. Paragraph 1 of section 5-4.1 of the estates, powers and trusts law, as amended by Chapter 114 of the laws of 2003, is amended to read as follows, the personal representative, duly appointed in this state or any other jurisdiction, of a decedent may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent’s death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued, and
WHEREAS, in S6638 and A6698, it states in every such action, in addition to any other lawful element of recoverable damages, compensation for the following damages may be recovered: (i) reasonable funeral expenses of the decedent paid by the persons for whose benefit the action is brought is responsible; (ii) reasonable expenses for medical care incident to the injury causing death, including but not limited to doctors, nursing, attendant care, treatment, hospitalization of the decedent, and medicines; (iii) grief or anguish caused by the decedent’s death; (iv) loss of love, society, protection, comfort, companionship and consortium resulting from the decedent’s death; (v) pecuniary injuries, including loss of services, support, assistance, and loss or diminishment of inheritance, resulting from the decedent’s death; and (vi) loss of nurture, guidance, counsel, advice, training, and education resulting from the decedent’s death, and
WHEREAS, the damages prescribed by 5-4.3, whether recovered in an action or by settlement without an action, are exclusively for the benefit of the decedent’s surviving close family members, which shall be limited to decedent’s spouse or domestic partner, issue foster-children, step-children, and step-grandchildren, parents, grandparents, step-parents, step-grandparents, siblings or any person standing in loco parentis to the decedent.
WHEREAS, this act shall take effect immediately and shall apply to all causes of action that accrue on or after July 1, 2018, regardless of when filed.
NOW, THEREFORE BE IT RESOLVED, that the Sullivan County Legislature urges NYS Governor Kathy Hochul to sign into law Senate S6636 and Assembly A6698 immediately.
BE IT FURTHER RESOLVED, that the Sullivan County Legislature hereby expresses its deepest sympathy to the family of Travis Shane Davis who tragically passed away on August 11, 2024.
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