Bill Text: IA HF772 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to tort liability, including employer liability in civil actions involving commercial motor vehicles and arising from an employee's negligence, punitive or exemplary damages, and noneconomic damages available against owners or operators of commercial motor vehicles.(Formerly HSB 259.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-05-20 - Referred to Commerce. H.J. 1203. [HF772 Detail]
Download: Iowa-2021-HF772-Introduced.html
House
File
772
-
Introduced
HOUSE
FILE
772
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
259)
(COMPANION
TO
LSB
2782SV
BY
COMMITTIE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
tort
liability,
including
employer
liability
1
in
civil
actions
involving
commercial
motor
vehicles
and
2
arising
from
an
employee’s
negligence,
punitive
or
exemplary
3
damages,
and
noneconomic
damages
available
against
owners
or
4
operators
of
commercial
motor
vehicles.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
668.12A
Liability
for
employee
1
negligence
in
actions
involving
commercial
motor
vehicles.
2
1.
In
a
civil
action
involving
a
commercial
motor
vehicle
3
as
defined
in
section
321.1,
if
an
employer
who
is
a
defendant
4
in
the
action
complies
with
subsection
2,
the
employer’s
5
liability
for
damages
caused
by
the
negligence
of
an
employee
6
acting
within
the
course
and
scope
of
employment
shall
be
based
7
solely
on
respondeat
superior
and
not
on
the
employer’s
direct
8
negligence
in
hiring,
training,
supervising,
or
trusting
the
9
employee,
or
other
similar
claim
that
the
employer’s
negligence
10
enabled
the
employee’s
harmful
conduct.
11
2.
On
motion
of
an
employer
who
is
the
defendant
in
12
a
civil
action
involving
a
commercial
motor
vehicle,
and
13
notwithstanding
section
671A.2,
a
trial
court
shall
dismiss
14
from
the
civil
action
any
claim
of
the
employer’s
direct
15
negligence
in
hiring,
training,
supervising,
or
trusting
an
16
employee,
or
other
claim
of
direct
negligence
on
the
part
of
17
the
employer
for
the
employee’s
harmful
conduct,
or
other
18
similar
claims,
if
the
employer
stipulates
that
at
the
time
19
of
the
event
that
caused
the
damages
that
are
the
subject
of
20
the
action
that
the
person
whose
negligence
is
alleged
to
have
21
caused
the
damages
was
the
employer’s
employee
and
was
acting
22
within
the
course
and
scope
of
employment
with
the
employer.
23
3.
If
an
employer
makes
the
stipulations
in
subsection
2
24
with
respect
to
an
employee,
and
the
employee’s
negligence
is
25
found
to
have
caused
or
contributed
to
causing
the
damages,
the
26
employer
shall
be
adjudged
vicariously
liable
for
the
resulting
27
damages.
28
Sec.
2.
NEW
SECTION
.
668.15A
Noneconomic
damages
——
29
commercial
motor
vehicle
owners
or
operators.
30
1.
As
used
in
this
section:
31
a.
“Noneconomic
damages”
means
damages
arising
from
32
pain,
suffering,
inconvenience,
physical
impairment,
mental
33
anguish,
emotional
pain
and
suffering,
loss
of
chance,
loss
of
34
consortium,
or
any
other
nonpecuniary
damages.
35
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b.
“Occurrence”
means
the
event,
incident,
or
happening,
1
and
the
acts
or
omissions
incident
thereto,
which
proximately
2
caused
injuries
or
damages
for
which
recovery
is
claimed.
3
2.
The
total
amount
recoverable
in
any
civil
action
for
4
noneconomic
damages
for
personal
injury
or
death,
whether
in
5
tort,
contract,
or
otherwise,
against
the
owner
or
operator
6
of
a
commercial
motor
vehicle
shall
be
limited
to
one
million
7
dollars,
regardless
of
the
number
of
derivative
claims,
8
theories
of
liability,
or
defendants
in
the
civil
action.
9
Sec.
3.
Section
668A.1,
Code
2021,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
2A.
A
claim
for
punitive
or
exemplary
12
damages
shall
not
be
included
in
any
initial
claim
for
relief.
13
A
claim
for
punitive
or
exemplary
damages
may
be
allowed
by
14
amendment
to
the
pleadings
only
after
the
exchange
of
initial
15
disclosures
pursuant
to
rule
1.500(1)
of
the
Iowa
rules
of
16
civil
procedure
and
after
the
plaintiff
establishes
prima
facie
17
proof
of
a
triable
issue.
After
the
plaintiff
establishes
the
18
existence
of
a
triable
issue,
the
court
may,
in
its
discretion
19
and
subject
to
subsection
3,
allow
discovery
on
the
issue
of
20
punitive
or
exemplary
damages
as
the
court
deems
appropriate.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
tort
liability,
including
employer
25
liability
for
an
employee’s
tort
involving
a
commercial
motor
26
vehicle,
noneconomic
damages
available
against
an
owner
or
27
operator
of
a
commercial
motor
vehicle,
and
pleading
and
28
discovery
requirements
related
to
punitive
damages.
29
The
bill
provides
that
an
employer’s
liability
who
is
a
30
defendant
in
a
civil
action
involving
a
commercial
motor
31
vehicle
for
damages
caused
by
negligence
of
an
employee
acting
32
within
the
scope
and
course
of
employment
shall
be
based
33
on
respondeat
superior.
Upon
motion
of
an
employer,
and
34
notwithstanding
Code
section
671A.2
(limitations
on
liability
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protection
for
negligent
hiring),
a
trial
court
shall
dismiss
1
from
the
action
any
claim
of
the
employer’s
direct
negligence
2
in
hiring,
training,
supervising,
or
trusting
an
employee,
or
3
other
claim
of
direct
negligence
on
the
part
of
the
employer
4
for
the
employee’s
harmful
conduct,
or
other
similar
claims,
5
if
the
employer
stipulates
that
at
the
time
of
the
event
that
6
caused
the
damages
that
the
person
whose
negligence
is
the
7
basis
of
the
action
is
the
employer’s
employee
and
the
employee
8
was
acting
within
the
course
and
scope
of
employment
with
the
9
employer.
If
an
employer
makes
the
stipulation
with
respect
10
to
an
employee,
and
the
employee’s
negligence
is
found
to
have
11
caused
or
contributed
to
causing
the
damages,
the
employer
12
shall
be
adjudged
vicariously
liable
for
the
resulting
damages.
13
Under
current
law,
an
employer
is
liable
for
an
employee’s
14
negligence
and
may
be
held
responsible
for
direct
negligence
15
relating
to
hiring,
training,
supervising,
trusting
an
16
employee,
or
other
claims
of
direct
negligence
on
part
of
the
17
employee’s
harmful
conduct,
subject
to
certain
limitations
18
contained
in
Code
chapter
671
(negligent
hiring
——
limitations
19
on
liability).
20
The
bill
limits
the
amount
of
noneconomic
damages
available
21
against
the
owner
or
operator
of
a
commercial
motor
vehicle.
22
The
bill
defines
“noneconomic
damages”
to
mean
damages
arising
23
from
pain,
suffering,
inconvenience,
physical
impairment,
24
mental
anguish,
emotional
pain
and
suffering,
loss
of
chance,
25
loss
of
consortium,
or
any
other
nonpecuniary
damages
and
26
“occurrence”
to
mean
the
event,
incident,
or
happening,
and
27
the
acts
or
omissions
incident
thereto,
which
proximately
28
caused
injuries
or
damages
for
which
recovery
is
claimed.
The
29
bill
provides
that
the
total
amount
recoverable
in
any
civil
30
action
for
noneconomic
damages
for
personal
injury
or
death
31
against
the
owner
or
operator
of
a
commercial
motor
vehicle
32
shall
be
limited
to
$1
million
for
any
occurrence
regardless
33
of
the
number
of
derivative
claims,
theories
of
liability,
or
34
defendants
in
the
civil
action.
Under
current
law,
noneconomic
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damages
are
unlimited
except
for
suits
under
Code
sections
1
123.92
(dramshop
liability)
and
147.136A
(medical
malpractice).
2
The
bill
provides
that
a
claim
for
punitive
or
exemplary
3
damages
in
an
action
governed
by
Code
section
668A.1
shall
4
not
be
included
in
any
initial
claim
for
relief.
A
claim
for
5
punitive
or
exemplary
damages
may
be
allowed
by
amendment
to
6
the
pleadings
only
after
the
exchange
of
initial
disclosures
7
and
after
the
plaintiff
establishes
prima
facie
proof
of
a
8
triable
issue.
After
the
plaintiff
establishes
the
existence
9
of
a
triable
issue
of
punitive
or
exemplary
damages,
the
court
10
may
allow
additional
discovery
on
the
issue
of
punitive
or
11
exemplary
damages.
Under
current
law
and
under
the
bill,
the
12
mere
allegation
or
assertion
of
a
claim
for
punitive
damages
13
cannot
form
the
basis
for
discovery
of
the
wealth
or
ability
to
14
respond
in
damages
on
behalf
of
the
party
from
whom
punitive
15
damages
are
claimed
until
the
claimant
has
established
that
16
sufficient
admissable
evidence
exists
to
support
a
prima
facie
17
case
establishing,
by
a
preponderance
of
clear,
convincing,
and
18
satisfactory
evidence,
that
the
conduct
of
the
defendant
from
19
which
the
claim
arose
constituted
willful
and
wanton
disregard
20
for
the
rights
or
safety
of
another.
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