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 7NONMANUFACTURERSWHOLESALERS, 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 -1-