AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL DEATH ACTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section. 1. Amend § 3721, Title 10 of the Delaware Code, by adding a new numbered paragraph thereto as follows:
"(5) ‘Sibling’ means brothers and sisters of the whole and half blood or by order of adoption."
Section 2. Amend § 3724(a), Title 10 of the Delaware Code, by striking that subsection in its entirety and by substituting in lieu thereof the following:
"(a) An action under this subchapter shall be for the benefit of the spouse, parent, child, and siblings of the deceased person."
Section 3. Amend § 3724(d)(5), Title 10 of the Delaware Code, by striking that subsection in its entirety and by substituting in lieu thereof the following:
"(5) Mental anguish resulting from such death to the surviving spouse and next of kin of such deceased person. However, when mental anguish is claimed as a measure of damages under this subchapter, such claim for mental anguish will be applicable only to the surviving spouse, children and persons to whom the deceased stood in loco parentis at the time of the injury which caused the death of the deceased, parents and persons standing in loco parentis to the deceased at the time of the injury which caused the death of the deceased (if there is no surviving spouse, children, or persons to whom the deceased stood in loco parentis), and siblings (if there is no surviving spouse, children, persons to whom the deceased stood in loco parentis at the time of the injury, parents, or persons standing in loco parentis to the deceased at the time of the injury which caused the death of the deceased)."
Section 4. This Act shall apply to all wrongful deaths which occur after enactment.