House Amendment 1188


PAG LIN




     1  1    Amend House File 587 as follows:
     1  2 #1.  Page 1, by inserting before line 1, the
     1  3 following:
     1  4    <Section 1.  Section 613.18, Code 2003, is amended
     1  5 to read as follows:
     1  6    613.18  LIMITATION ON PRODUCTS LIABILITY OF
     1  7 NONMANUFACTURERS WHOLESALERS, RETAILERS, DISTRIBUTORS,
     1  8 AND SELLERS OF PRODUCTS.
     1  9    1.  A person who is not the assembler, designer, or
     1 10 manufacturer, and who wholesales, retails,
     1 11 distributes, or otherwise sells a product is:
     1 12    a.  Immune from any suit based upon strict
     1 13 liability in tort or breach of implied warranty of
     1 14 merchantability which arises solely from an alleged
     1 15 defect in the original design or manufacture of the
     1 16 product but only if the assembler, designer, or
     1 17 manufacturer is either domiciled in the United States
     1 18 or is subject to the jurisdiction of the courts of
     1 19 this state and has not been judicially declared
     1 20 insolvent.
     1 21    b.  Not liable for damages based upon strict
     1 22 liability in tort or breach of implied warranty of
     1 23 merchantability for the product upon proof that the
     1 24 assembler, designer, or manufacturer is domiciled in
     1 25 the United States or is subject to the jurisdiction of
     1 26 the courts of this state and has not been judicially
     1 27 declared insolvent.
     1 28    2.  A person who is a retailer of a product and who
     1 29 assembles a product, such assembly having no causal
     1 30 relationship to the injury from which the claim
     1 31 arises, is not liable for damages based upon strict
     1 32 liability in tort or breach of implied warranty of
     1 33 merchantability which arises from an alleged defect in
     1 34 the original design or manufacture of the product upon
     1 35 proof that the assembler, designer, or manufacturer is
     1 36 domiciled in the United States or is subject to the
     1 37 jurisdiction of the courts of this state and has not
     1 38 been judicially declared insolvent.
     1 39    3.  An action brought pursuant to this section,
     1 40 where the claimant certifies that the assembler,
     1 41 designer, or manufacturer of the product is not yet
     1 42 identifiable, tolls the statute of limitations against
     1 43 such assembler, designer, or manufacturer until such
     1 44 time as discovery in the case has identified the
     1 45 assembler, designer, or manufacturer.
     1 46    4.  Any person entitled to immunity or limited
     1 47 liability under this section, who knowingly
     1 48 misrepresents to the public that the product at issue
     1 49 is assembled, designed, or manufactured in the United
     1 50 States shall not be entitled to immunity or limited
     2  1 liability.>
     2  2 #2.  By renumbering as necessary.
     2  3
     2  4
     2  5                               
     2  6 SWAIM of Davis
     2  7 HF 587.502 80
     2  8 rh/pj

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