Document Type

Peach Sheet


The Act amends the Code provision relating to the right of parents to recover in tort for the homicide of a child. If the parents are married and living together they shall divide any judgment equally; but if they are divorced, separated, or living apart, either parent may file a motion prior to trial requesting the judge to apportion any judgment amounts. If no motion is filed, the judgment shall be divided equally. Each parent may present evidence at a post-judgment hearing held to decide the motion for apportionment. The judge shall fairly determine each parent's share, considering each parent's relationship with the deceased child. The judge's decision shall be reversed only on a showing of abuse of discretion. July 1, 1987

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