NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 215

SENATE BILL 95

AN ACT TO REWRITE G.S. 28-174. RELATING TO DAMAGES RECOVERABLE FOR DEATH BY WRONGFUL ACT.

WHEREAS, human life is inherently valuable; and

WHEREAS, the present statute is so written and construed that damages recoverable from a person who has caused death by a wrongful act are effectually limited to such figure as can be calculated from the expected earnings of the deceased, which is far from an adequate measure of the value of human life; Now, therefore,

The General Assembly of North Carolina do enact:

Section 1.  G.S. 28-174 is hereby rewritten to read as follows:

"Sec. 28-174.  Damages recoverable for death by wrongful act; evidence of damages. (a) Damages recoverable for death by wrongful act include:

(1)        Expenses for care, treatment and hospitalization incident to the injury resulting in death.

(2)        Compensation for pain and suffering of the decedent.

(3)        The reasonable funeral expenses of the decedent.

(4)        The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected:

(i)         Net income of the decedent,

(ii)        Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,

(iii)       Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered.

(5)        Such punitive damages as the decedent could have recovered had he survived, and punitive damages for wrongfully causing the death of the decedent through maliciousness, wilful or wanton injury, or gross negligence.

(6)        Nominal damages when the jury so finds.

"(b)      All evidence which reasonably tends to establish any of the elements of dam- ages included in subsection (a), or otherwise reasonably tends to establish the present monetary value of the decedent to the persons entitled to receive the damages recovered, is admissible in an action for damages for death by wrongful act."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall not apply to litigation pending on its effective date.

Sec. 4.  This Act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 14th day of April, 1969.