This statutory addition to Delaware’s Wrongful Death Act will permit the spouse, parents, children, and siblings of a deceased person to recover punitive damages when the actions resulting in the death of another person were maliciously intended or the result of willful or wanton misconduct by the at fault party. Punitive damages are intended to deter the at fault party from future similar conduct and to punish the at fault party for reckless conduct. Presently, an estate can recover punitive damages under a survival action pursuant to 10 Del C. § 3701. A survival action involves the death of an individual as the result of the at fault party where that individual suffers for a period of time before dying. Whereas, a wrongful death action involves the instantaneous death of an individual as the result of the at fault party. This led to cases where the issue of whether a defendant faced punitive damages depended not on the defendant's own actions, but on whether the deceased had suffered long enough for a survival action. This Act also clarifies the definitions of "child" and "parent."
Sponsored bills
This Act clarifies that State building code and other local codes must align with substitute standards for refrigerants as approved by the United States Environmental Protection Agency through their federal listing requirements.
This Act amends §1311, Title 17 of the Delaware Code to allow for the Delaware Department of Transportation to vacate an old right of way of a newly realigned section of road by resolution.
This Bill is the Fiscal Year 2024 Appropriations Act.
This bill increases the amount of Compassionate Leave for eligible employees of the State upon the death of an immediate family member.
Speeding is a contributing factor in many serious injury motor vehicle crashes and roadway fatalities. This Act adds operating a motor vehicle at a speed of 90 miles an hour or more to the definition of reckless driving.
This Act increases the length of time for a valid temporary tag from 60 days to 90 days. This Act also adds a new provision requiring temporary tags be issued through a temporary tag system, approved by the Division of Motor Vehicles, to further reduce fraud in the issuance of temporary tags, unless the Division of Motor Vehicles determines the temporary tag issuer must continue using temporary registration plates.
This Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2024. Section 1 – Government Units and Senior Centers $ 29,361,705 Section 2 – One-Times and Community Agencies $ 31,912,877 Section 3 – Fire Companies and Public Service Ambulance Companies $ 10,109,451 Section 4 – Veterans Organizations $ 608,591 GRAND TOTAL $ 71,992,624
This Act amends §134, Title 17 of the Delaware Code to allow for Secretary’s designee to sign traffic resolutions within incorporated towns and cities. The same authority already exists for traffic resolutions in unincorporated areas.