172                                       LAWS OF MARYLAND                            [Ch. 2

FOR THE DEATH OF A SPOUSE OR MINOR CHILD, THE
DAMAGES AWARDED UNDER SUBSECTION (C) ARE NOT LIMITED

OR RESTRICTED BY THE "PECUNIARY LOSS" OR "PECUNIARY

BENEFIT" RULE BUT MAY INCLUDE DAMAGES FOR MENTAL
ANGUISH, EMOTIONAL PAIN AND SUFFERING, LOSS OF
SOCIETY, COMPANIONSHIP, COMFORT, PROTECTION, MARITAL
CARE, PARENTAL CARE, FILIAL CARE, ATTENTION, ADVICE,
COUNSEL, TRAINING, GUIDANCE, OR EDUCATION WHERE
APPLICABLE.

(E)     RESTRICTION TO ONE ACTION UNDER THIS
SUBTITLE.

ONLY ONE ACTION UNDER THIS SUBTITLE LIES IN
RESPECT TO THE DEATH OF A PERSON.

(F)   ACTION TO COMMENCE WITHIN THREE YEARS.

AN ACTION UNDER THIS SUBTITLE SHALL BE FILED
WITHIN THREE YEARS AFTER THE DEATH OF THE INJURED
PERSON.

REVISOR'S NOTE: The provision which appears in
subsection (c) of the draft does not
contain the reference to jury trial because
it is misleading. A wrongful death case
can be tried either with or without a jury.
Also the phrase "after deducting the costs
are recovered from the defendant" is
deleted as meaningless. In practice the
verdict simply apportions gross recovery.

Subsection (d) contains provisions which
presently appear in §74(b). The revisor
has considered incorporating the "pecuniary
loss" rule into the statute. The rule has

been defined in B. & O. R.R. Co. v. ___State,

use of Mahone, 63 Md. 135, (1885); Hutzell
v. Boyer, 252 Md. 227, (1969); United
States v. Guyer, 218 F. 2d. 266, 268 (4th
Cir. 1954); State ex rel Parr v. Board of
County Commissioners, 207 Md. 91, (1955),
and preamble clauses to Ch. 353, Acts of
1969. Although placing the pecuniary loss
rule in statutory form would be consistent
with the general policy of code revision,
an exception is made. The rule has been
interpretated by courts for many years, and
not always identically. An effort to
codify the rule could result in its
inadvertent modification. If the rule is