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Session Laws, 1997
Volume 795, Page 4392   View pdf image
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S.B. 175

VETOES

WHO IS NOT A 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, care, attention, advice, counsel, training, EDUCATION, or guidance where
applicable [if:

(1)     The child is 21 years old or younger; or

(2)     A parent contributed 50 percent or more of the child's support].

(f)     Only one action under this subtitle lies in respect to the death of a person.

(g)     (1) Except as provided in paragraph (2) of this subsection, an action under
this subtitle shall be filed within three years after the death of the injured person.

(2) (i) In this paragraph "occupational disease" means a disease caused
by exposure to any toxic substance in the person's workplace and contracted by a person
in the course of the person's employment.

(ii) If an occupational disease was a cause of a person's death, an
action shall be filed:

1.       Within 10 years of the time of death; or

2.       Within 3 years of the date when the cause of death was
discovered, whichever is the shorter.

(h) For the purposes of this section, a person born to parents who have not
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 father only if the father:

(1)     [has] HAS been judicially determined to be the father in a proceeding
brought under § 5-1010 of the Family Law Article[, or] OR § 1-208 OF THE ESTATES
AND TRUSTS ARTICLE; OR

(2)     [prior] PRIOR to the death of the child [, (a)]:

(I)      [has] HAS acknowledged himself, in writing, to be the father[, or
(b)]:

(II)     [has] HAS openly and notoriously recognized the person to be his
child [, or (c)]; OR

(III)   [has] HAS subsequently married the mother and has
acknowledged himself, orally or in writing, to be the father; OR

(3)     IS SHOWN BY SCIENTIFIC EVIDENCE TO BE THE FATHER.
5-201.

(a) When a cause of action subject to a limitation under Subtitle 1 of this title OR
TITLE 3, SUBTITLE 9 OF THIS ARTICLE accrues in favor of a minor or mental
incompetent, that person shall file his action within the lesser of three years or the
applicable period of limitations after the date the disability is removed.

- 4392 -

 

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Session Laws, 1997
Volume 795, Page 4392   View pdf image
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