Text: SF00311 Text: SF00313 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 668.3, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1. a. Contributory fault shall not bar recovery in an 1 4 action by a claimant to recover damages for fault resulting in 1 5 death or in injury to person or property unless the claimant 1 6 bears a greater percentage of fault than the combined 1 7 percentage of fault attributed to the defendants, third-party 1 8 defendants and persons who have been released pursuant to 1 9 section 668.7, but any damages allowed shall be diminished in 1 10 proportion to the amount of fault attributable to the 1 11 claimant. 1 12 b. Contributory fault shall not bar recovery in an action 1 13 by a claimant to recover damages for loss of services, 1 14 companionship, society, or consortium, unless the fault 1 15 attributable to the person whose injury or death provided the 1 16 basis for the damages is greater in percentage than the 1 17 combined percentage of fault attributable to the defendants, 1 18 third-party defendants, and persons who have been released 1 19 pursuant to section 668.7, but any damages allowed shall be 1 20 diminished in proportion to the amount of fault attributable 1 21 to the person whose injury or death provided the basis for the 1 22 damages. 1 23 Sec. 2. Section 668.3, subsection 2, paragraph b, Code 1 24 1997, is amended to read as follows: 1 25 b. The percentage of the total fault allocated to each 1 26 claimant, defendant, third-party defendant,andperson who has 1 27 been released from liability under section 668.7, and injured 1 28 or deceased person whose injury or death provides a basis for 1 29 a claim to recover damages for loss of consortium, services, 1 30 companionship, or society. For this purpose the court may 1 31 determine that two or more persons are to be treated as a 1 32 single party. 1 33 EXPLANATION 1 34 This bill amends Code section 668.3 to provide that the 1 35 percentage of fault assigned to the person whose death or 2 1 injury gave rise to a consortium claim shall apply to reduce 2 2 or bar a judgment for loss of consortium. 2 3 LSB 2407SS 77 2 4 tm/sc/14
Text: SF00311 Text: SF00313 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 19 03:40:03 CST 1997
URL: /DOCS/GA/77GA/Legislation/SF/00300/SF00312/970305.html
jhf