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WPI 32.05 Measure of Damages—Loss of Consortium—Parent

6 WAPRAC WPI 32.05Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 32.05 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part IV. Damages
Chapter 32. Damages—Injury to Spouse, Domestic Partner, Parent, or Child
WPI 32.05 Measure of Damages—Loss of Consortium—Parent
Loss to(child's name)of the love, care, companionship, and guidance of(parent's name).
NOTE ON USE
For actions in which loss of parental consortium is claimed in an injury case, this phrase is to be inserted in the noneconomic damages section of the damage instruction (WPI 30.01.01, WPI 30.02.01, or WPI 30.03.01) when the evidence justifies its use.
In an action involving the death of a parent, use WPI 31.03.01 (Measure of Damages—Wrongful Death—Action for Benefit of Children/Stepchildren).
COMMENT
In 2019, the Legislature substantially amended statutes applicable to wrongful death actions. RCW 4.20.010, which previously allowed statutory beneficiaries such as spouses to assert an action simply for “damages,” was amended to provide an action “for the economic and noneconomic damages sustained by the beneficiaries listed in RCW 4.20.020 … in such amounts as determined by a trier of fact to be just under all the circumstances of the case.” Laws of 2019, Chapter 59, § 1. The amendments retroactively apply to “all claims that are not time barred, as well as any claims pending in any court on the effective date of this section.” Laws of 2019, Chapter 59, § 6.
A child has an independent cause of action for loss of love, care, companionship, and guidance of a parent tortiously injured by a third party. But the child's claim for loss of parental consortium must be joined with the injured parent's claim unless it is shown why joinder with the parent's underlying claim is not feasible. Moreover, the jury should be instructed that the child's damages should be considered separately from those of the injured parent. Ueland v. Reynolds Metals Co., 103 Wn.2d 131, 139, 691 P.2d 190 (1984). For additional discussion of the definition of parental consortium, see WPI 31.03.01 (Measure of Damages—Wrongful Death—Action for Benefit of Children/Stepchildren).
For further discussion relating to actions for loss of consortium see the Comment to WPI 32.04 (Measure of Damages—Loss of Consortium—Spouse/State Registered Domestic Partner).
[Current as of April 2021.]
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