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

tacoma officer-involved shooting...

Jason Sutich

3 adults arrested in fatal shooting of teenage boy in Tacoma

Three adults were arrested on Monday in connection with the fatal shooting of a teenage boy in Tacoma.

2 seconds ago

white center body found...

MyNorthwest Staff

Body found near White Center Pond after firefighters respond to illegal burn

A dead body was found near the White Center Pond Natural Area on Monday after authorities responded to reports of an illegal burn.

21 minutes ago

flooding wa season...

Lexi Herda, KIRO 7 News

Prepare yourself for flooding season in WA

Flood season is coming, and Thurston County’s emergency services are encouraging everyone to be proactive.

51 minutes ago

wa trader joe's open...

Michael Strite

Trader Joe’s plans 2 new stores in Washington as its footprint grows

Grocery store chain Trader Joe's continues adding new locations across Washington, with two new stores "coming soon."

2 hours ago

Washington State Supreme Court seats ballot voters...

Charlie Harger

Harger: Washington Supreme Court says a child molester can’t be expected to know what ‘sexually exploitive’ means

Washington's Supreme Court has decided it’s too ambiguous for a convicted child molester to know what “sexually exploitive” means.

2 hours ago

des moines shooting charges...

MyNorthwest Staff

Two charged with murder after allegedly shooting youth football coach in Des Moines

Two men have been charged with first-degree murder after the fatal shooting of a father and youth football coach in Des Moines.

3 hours ago

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