LRB-3126/1
RPN:mfd:arm
1997 - 1998 LEGISLATURE
May 27, 1997 - Introduced by Representatives Plouff, Lorge, R. Young, Cullen,
Wood, Riley, Baldwin, Reynolds, Notestein, Bock, R. Potter, L. Young
and
Boyle, cosponsored by Senators Clausing, Plache, Jauch and Breske.
Referred to Committee on Judiciary.
AB390,1,4 1An Act to repeal 655.017, 893.55 (4) (a) to (d) and 893.55 (4) (f); to renumber
2893.55 (4) (e); and to amend 893.55 (5) (intro.), 895.04 (4) and 895.04 (7) of the
3statutes; relating to: the dollar limits in wrongful death and medical
4malpractice actions.
Analysis by the Legislative Reference Bureau
Currently, in an action for wrongful death, the plaintiff may recover the
reasonable costs of medical care, funeral expenses and related cemetery expenses.
In addition, damages for the loss of society and companionship may be awarded to
the spouse, children or parents of the deceased. The amount recoverable for the loss
of society and companionship is limited to $150,000 in current law. This bill
eliminates the limit on the amount of damages recoverable for the loss of society and
companionship in wrongful death actions and allows most relatives to recover for
that loss.
Under current law, in a medical malpractice action, the plaintiff may be
awarded noneconomic damages to compensate for a number of items, including pain
and suffering, mental distress, the loss of enjoyment of the ordinary pleasures of life,
the loss of physical health and the loss of society and companionship. The amount
of noneconomic damages recoverable is limited to $350,000 in current law. This bill

eliminates the limit on the amount of noneconomic damages recoverable in medical
malpractice cases.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB390, s. 1 1Section 1. 655.017 of the statutes is repealed.
AB390, s. 2 2Section 2. 893.55 (4) (a) to (d) of the statutes are repealed.
AB390, s. 3 3Section 3. 893.55 (4) (e) of the statutes is renumbered 893.55 (4).
AB390, s. 4 4Section 4. 893.55 (4) (f) of the statutes is repealed.
AB390, s. 5 5Section 5. 893.55 (5) (intro.) of the statutes is amended to read:
AB390,2,96 893.55 (5) (intro.) Every award of damages under ch. 655 shall specify the sum
7of money, if any, awarded for each of the following for each claimant for the period
8from the date of injury to the date of award and for the period after the date of award,
9without regard to the limit under sub. (4) (d)
:
AB390, s. 6 10Section 6. 895.04 (4) of the statutes is amended to read:
AB390,2,1511 895.04 (4) Judgment for damages for pecuniary injury from wrongful death
12may be awarded to any person entitled to bring a wrongful death action. Additional
13damages not to exceed $150,000 for loss of society and companionship may be
14awarded to the spouse, children or parents relatives, as defined in s. 48.02 (15), of
15the deceased.
AB390, s. 7 16Section 7. 895.04 (7) of the statutes is amended to read:
AB390,2,2017 895.04 (7) Damages found by a jury in excess of the maximum amount specified
18in sub. (4) shall be reduced by the court to such maximum.
The aggregate of the
19damages covered by subs. (4) and (5) shall be diminished under s. 895.045 if the
20deceased or person entitled to recover is found negligent.
AB390, s. 8 21Section 8. Initial applicability.
AB390,3,2
1(1) This act first applies to actions commenced on the effective date of this
2subsection.
AB390,3,33 (End)
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