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House Study Bill 13

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.445, subsection 4, paragraph b,
  1  2 subparagraph (2), Code 1999, is amended to read as follows:
  1  3    (2)  If the evidence supports such a finding, the trier of
  1  4 fact may find that the plaintiff's failure to wear a safety
  1  5 belt or safety harness in violation of this section
  1  6 contributed to the plaintiff's claimed injury or injuries, and
  1  7 may reduce the amount of plaintiff's recovery by an amount not
  1  8 to exceed five percent of the damages awarded proportionate to
  1  9 the degree to which the failure to wear a safety belt or
  1 10 safety harness contributed to the plaintiff's claimed injury
  1 11 or injuries, after any reductions for comparative fault.  
  1 12                           EXPLANATION 
  1 13    This bill eliminates the limitation on the reduction in
  1 14 damages awarded to plaintiffs who fail to wear a safety belt
  1 15 or safety harness.  Currently, Code section 321.445 provides
  1 16 that the trier of fact may reduce the amount of a plaintiff's
  1 17 recovery by an amount not to exceed 5 percent of the damages
  1 18 awarded after any reductions for comparative fault if the
  1 19 evidence supports a finding that the plaintiff's failure to
  1 20 wear the belt or harness, in violation of that section,
  1 21 contributed to the plaintiff's claimed injury or injuries.  
  1 22 LSB 1767HC 78
  1 23 nh/jw/5
     
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