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Text: HSB00150                          Text: HSB00152
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House Study Bill 151

Conference Committee Text

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,
  1  6 unless the fault attributable to the person whose injury or
  1  7 death provided the basis for the damages is greater in
  1  8 percentage than the combined percentage of fault attributable
  1  9 to the defendants, third-party defendants, and persons who
  1 10 have 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
  1 13 provided 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, and person 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 2121HC 76
  1 31 mk/jj/8
     
Text: HSB00150                          Text: HSB00152
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index
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