MYNORTHWEST NEWS

Ride the Ducks lawsuits challenged because families don’t live in U.S.

Jun 7, 2016, 5:42 AM

ride the ducks...

A Washington state law about wrongful death claims stopped three families from seeking compensation after their children died in a September crash involving a Ride the Ducks amphibious vehicle. (AP)

(AP)

A Washington state law about wrongful death claims may preclude three families from seeking compensation after their children died in a September crash involving a Ride the Ducks amphibious vehicle.

Five people died in that crash.

One of them was 17-year-old Runjie Song from China. Washington state law allows parents to seek compensation for the death of minor children.

Related: Witnesses recount crash on Seattle’s Aurora Bridge

For adult victims, however, Washington has two tiers of beneficiaries. The first tier are spouses or children who have a right to make a claim of wrongful death; the second tier are parents or siblings who can only make such a claim if they were financially dependent on the victim or lived in the United States at the time of the victim’s death.

Of the four adults killed, Claudia Derschmidt was the only one who had children.

The remaining three victims are 20-year-old Ha Ram Kim, 36-year-old Mami Sato, and 18-year-old Privando Putradanto. None of them had spouses or children.

Their parents are now suing Ride the Ducks, but may run into problems because they do not live in the U.S.

Pat Buchanan, an attorney for Ride the Ducks, told KIRO 7, “Under this statute, the estate still has a claim for economic damages, specifically the estate can recover net accumulation of earnings (earnings over the decedent’s lifetime minus consumption.”

An attorney for the family of Ha Ram Kim has claimed these laws are unconstitutional.

The Washington State attorney general filed a brief to defend the constitutionality of the laws, without taking any position on the merits of the tort claim against Ride the Ducks.

A judge will now decide.

KIRO 7 asked Todd Gardner, a trial attorney from Renton, to explain what recourse these parents might have.

Gardner said that the economic damages available would only amount to what these young victims might have earned in their lifetimes, minus what they would have spent, as if they were to be without a spouse or child in perpetuity. That comes out to a fraction of what a parent might have been able to claim under wrongful death, if they could prove financial dependency and residency in the U.S., Gardner said.

Furthermore, Gardner said many parents who live in the U.S. can’t even qualify under the financial dependency part of the requirement.

“If they’re on their 18th birthday and a drunk driver kills them, no claim. If they’re 17 1/2, there’s a claim. So you end up with people being treated differently,” Gardner said.

Gardner said some of these laws involving residency and financial dependency requirements came into existence more than a century ago.

“Where it came from? I have no idea. But it seems horribly artificial,” Gardner said.

He told KIRO 7 that state lawmakers tried to make changes a few years ago, but insurance companies were against it.

MyNorthwest News

seattle shots fired...

MyNorthwest Staff

3 in custody after Seattle officers shot at

Three people are in custody after shots were fired at Seattle officers.

10 hours ago

rabid bat hair Olympic national park...

Frank Lenzi

Rabid bat gets caught in woman’s hair at Olympic National Park

A rabid bat swooped down and got caught in a woman's hair at Olympic National Park near Staircase Bridge on Sunday afternoon around 2 p.m.

12 hours ago

drive-by shooting...

James Lynch

WSP arrests suspect in last month’s drive-by shooting on SR 900

Washington State Patrol (WSP) troopers have arrested a suspect in connection with an early-morning drive-by shooting on SR 900.

12 hours ago

Flock cameras...

Tyrah Majors, KIRO 7 News

Renton City Council votes to cover Flock cameras after pausing their use

The City of Renton is moving to physically cover all 24 of its Flock automatic license plate recognition cameras.

12 hours ago

pet food...

KIRO 7 News Staff

DOJ sues WA pet food company, claims unsanitary conditions led to repeated contaminations

The United States Department of Justice filed a lawsuit, seeking to permanently stop Washington pet food manufacturer Arrow Reliance Inc.

15 hours ago

free school meals...

KIRO Newsradio staff

Seattle council approves $3.6 million for free school meals

The Seattle City Council voted unanimously on Tuesday to approve $3.6 million to provide free school meals for students this school year.

15 hours ago

Ride the Ducks lawsuits challenged because families don’t live in U.S.