Text: SSB01115 Text: SSB01117 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.445, subsection 4, paragraph b, 1 2 subparagraph (2), Code 2001, 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 amountnot1 8to exceed five percent of the damages awardedproportionate 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 2164XC 79 1 23 rh/pj/5
Text: SSB01115 Text: SSB01117 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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