Text: HSB00226                          Text: HSB00228
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 227

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 321.493, Code 1995, is amended to read
  1  2 as follows:
  1  3    321.493  LIABILITY FOR DAMAGES.
  1  4    1.  In all cases where damage is done by any motor vehicle
  1  5 by reason of negligence of the driver, and driven with the
  1  6 consent of the owner, the owner of the motor vehicle shall be
  1  7 liable for such damage.  However, the owner of a motor vehicle
  1  8 shall not be liable under this subsection if the injured
  1  9 person is precluded from recovering against the driver or the
  1 10 owner under section 85.20.
  1 11    2.  A person who has made a bona fide sale or transfer of
  1 12 the person's right, title, or interest in or to a motor
  1 13 vehicle and who has delivered possession of such the motor
  1 14 vehicle to the purchaser or transferee shall not be liable for
  1 15 any damage thereafter resulting from negligent operation of
  1 16 such the motor vehicle by another, but the purchaser or
  1 17 transferee to whom possession was delivered shall be deemed
  1 18 the owner.  The provisions of subsection 2 of section 321.45
  1 19 shall not apply in determining, for the purpose of fixing
  1 20 liability hereunder under this subsection, whether such sale
  1 21 or transfer was made.  
  1 22                           EXPLANATION
  1 23    Section 321.493 currently provides that where damage is
  1 24 done by any motor vehicle due to the negligence of the driver
  1 25 and the motor vehicle was driven with the consent of the
  1 26 owner, the owner of the motor vehicle is liable for the
  1 27 resulting damage.  This bill provides that the owner of the
  1 28 motor vehicle is not liable if the injured person is precluded
  1 29 from recovering against the driver or the owner under section
  1 30 85.20.  Section 85.20 provides that the rights and remedies of
  1 31 an employee who receives workers' compensation, occupational
  1 32 disease compensation, or occupational hearing loss benefits
  1 33 under chapters 85, 85A, and 85B are the exclusive rights and
  1 34 remedies of the employee against the employee's employer or
  1 35 any other employee provided that the injury arose out of and
  2  1 occurred in the course of the employment and was not caused by
  2  2 the other employee's gross negligence amounting to such lack
  2  3 of care as to constitute wanton neglect for the safety of
  2  4 another.  
  2  5 LSB 1726HC 76
  2  6 js/cf/24
     

Text: HSB00226                          Text: HSB00228
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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