House Journal: Page 1467: Monday, April 28, 2003
31 for damages arising from an alleged defect in the
32 design, testing, manufacturing, formulation,
33 packaging, warning, or labeling of a product, a
34 percentage of fault shall not be assigned to such
35 persons if they plead and prove that the product
36 conformed to the state of the art in existence at the
37 time the product was designed, tested, manufactured,
38 formulated, packaged, provided with a warning, or
39 labeled.
40 2. Nothing contained in this section subsection 1
41 shall diminish the duty of an assembler, designer,
42 supplier of specifications, distributor, manufacturer
43 or seller to warn concerning subsequently acquired
44 knowledge of a defect or dangerous condition that
45 would render the product unreasonably dangerous for
46 its foreseeable use or diminish the liability for
47 failure to so warn.
48 3. An assembler, designer, supplier of
49 specifications, distributor, manufacturer, or seller
50 shall not be subject to liability under a theory of
Page 2
1 civil conspiracy unless the person knowingly and
2 voluntarily entered into an agreement, express or
3 implied, to participate in a common plan with the
4 intent to commit a tortious act upon another. Mere
5 membership in a trade or industrial association or
6 group is not, in and of itself, evidence of such an
7 agreement.
8 Sec. 3. Section 668A.1, subsection 1, Code 2003,
9 is amended to read as follows:
10 1. In a trial of a claim involving the request for
11 punitive or exemplary damages, the court shall
12 instruct the jury to answer special interrogatories
13 or, if there is no jury, shall make findings,
14 indicating all of the following:
15 a. Whether, by a preponderance of clear, and
16 convincing, and satisfactory evidence, the conduct of
17 the defendant from which the claim arose constituted
18 willful and wanton disregard for the rights or safety
19 of another.
20 b. Whether the conduct of the defendant was
21 directed specifically at the claimant, or at the
22 person from which the claimant's claim is derived.
23 c. Whether, by a preponderance of clear and
24 convincing evidence, the conduct of the defendant from
25 which the claim arose constituted actual malice.
26 Sec. 4. NEW SECTION. 668A.2 DEFINITIONS.
27 As used in this chapter, the following terms shall
28 have the following meanings:
29 1. "Clear and convincing evidence" means evidence
© 2003 Cornell College and
League of Women Voters of Iowa
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