PARRIS N. GLENDENING, Governor

S.B. 175

certain terms; providing for the application of this Act; and generally relating to the
allocation of noneconomic damages in a wrongful death action actions.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 3-904, 5-201, and 11-108
Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

3-904.

(a)     An action under this subtitle shall be for the benefit of the wife, husband.
parent, and child of the deceased person.

(b)     If there are no persons who qualify under subsection (a), an action shall be for
the benefit of any person related to the deceased person by blood or marriage who was
[wholly] SUBSTANTIALLY dependent upon the deceased.

(c)      (1) In an action under this subtitle, damages may be awarded to the
beneficiaries proportioned to the injury resulting from the wrongful death.

(2)      SUBJECT TO § 11-108(D)(2) OF THIS ARTICLE, THE amount recovered
shall be divided among the beneficiaries in shares directed by the verdict.

(d) For the death of a spouse, minor child, or parent of a minor child, the

(D) 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 FOR THE DEATH OF:

(1) A SPOUSE;

(2) A MINOR CHILD:

(3)      A PARENT OF A MINOR CHILD: OR

(4)      AN UNMARRIED CHILD WHO IS NOT A MINOR CHILD IF:

(I) THE CHILD IS 21 YEARS OLD OR YOUNGER: OR

(II) A PARENT CONTRIBUTED 50 PERCENT OR MORE OF THE
CHILD'S SUPPORT WITHIN THE 12-MONTH PERIOD IMMEDIATELY BEFORE THE DATE OF
DEATH OF THE CHILD.

(e) For the death of [an unmarried] A child, who is not a minor child
DESCRIBED UNDER SUBSECTION (D) OF THIS SECTION, OR A PARENT OF A CHILD,

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