Text: HF00249 Text: HF00251 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 668.3, subsection 1, Code 1995, is 1 2 amended by adding the following new unnumbered paragraph: 1 3 NEW UNNUMBERED PARAGRAPH. Contributory fault shall not bar 1 4 recovery in an action by a claimant to recover damages for 1 5 loss of services, companionship, society, or consortium, un- 1 6 less the fault attributable to the person whose injury or 1 7 death provided the basis for the damages is greater in per- 1 8 centage than the combined percentage of fault attributable to 1 9 the defendants, third-party defendants, and persons who have 1 10 been released pursuant to section 668.7, but any damages 1 11 allowed shall be diminished in proportion to the amount of 1 12 fault attributable to the person whose injury or death pro- 1 13 vided the basis for the damages. 1 14 Sec. 2. Section 668.3, subsection 2, paragraph b, Code 1 15 1995, is amended to read as follows: 1 16 b. The percentage of the total fault allocated to each 1 17 claimant, defendant, third-party defendant,andperson who has 1 18 been released from liability under section 668.7, and injured 1 19 or deceased person whose injury or death provides a basis for 1 20 a claim to recover damages for loss of consortium, services, 1 21 companionship, or society. For this purpose the court may 1 22 determine that two or more persons are to be treated as a 1 23 single party. 1 24 EXPLANATION 1 25 This bill provides that the percentage of fault assigned to 1 26 the person whose death or injury gave rise to a consortium 1 27 claim shall apply to reduce or bar a judgment for loss of 1 28 consortium. The bill overrules Schwennen v. Abell, 430 N.W.2d 1 29 98 (Iowa 1988). 1 30 LSB 1892HH 76 1 31 mk/jw/5
Text: HF00249 Text: HF00251 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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