H-8186

   Amend Senate File 2139, as passed by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  NEW SECTION.  668.12A  Liability for employee negligence in actions involving commercial motor vehicles.
   1.  Subject to subsection 4, in a civil action involving the operation of a commercial motor vehicle as defined in section 321.1, if an employer who is a defendant in the action complies with subsection 2, the employer’s liability for damages caused by the negligence of an employee operating a motor vehicle within the course and scope of employment shall be based solely on respondeat superior and not on the employer’s direct negligence in hiring, training, supervising, or trusting the employee.
   2.  On motion of an employer who is the defendant in a civil action involving the operation of a commercial motor vehicle, a trial court shall dismiss from the civil action any claim of the employer’s direct negligence in hiring, training, supervising, or trusting the employee, or other claim of direct negligence on the part of the employer for the employee’s harmful conduct, or other similar claims, if the employer stipulates that at the time of the event that caused the damages that are the subject of the civil action that the person whose negligence is alleged to have caused the damages was the employer’s employee and was acting within the course and scope of employment with the employer.
   3.  If an employer makes the stipulations in subsection 2 with respect to an employee, and the employee’s negligence is found to have caused or contributed to causing the damages, the employer shall be adjudged liable solely on the basis of respondeat superior for all the resulting damages.
   4.  This section shall not apply if the civil action involving a commercial motor vehicle arises from an incident for which an employee is convicted under section 321J.2 or found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. §392.5.
   5.  As used in this section, unless the context requires otherwise:
   a.  “Convicted” means convicted of an indictable offense and includes a guilty plea or other finding of guilt by a court of competent jurisdiction.
   b.  “Operation” or “operating” means actual physical control of a commercial motor vehicle upon a highway as defined in section 321.1.
   Sec. 2.  NEW SECTION.  668.15A  Noneconomic damages —— commercial motor vehicle owners or operators.
   1.  As used in this section:
   a.  “Commercial motor vehicle” means the same as defined in section 321.1.
   b.  “Convicted” means convicted of an indictable offense and includes a guilty plea or other finding of guilt by a court of competent jurisdiction.
   c.  “Noneconomic damages” means damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages.
   d.  “Occurrence” means the event, incident, or happening, and the acts or omissions incident thereto, which proximately caused injuries or damages for which recovery is claimed.
   e.  “Operation” or “operating” means actual physical control of a commercial motor vehicle upon a highway as defined in section 321.1.
   2.  The total amount recoverable by each plaintiff in any civil action involving the operation of a motor vehicle for noneconomic damages for personal injury or death, whether in tort, contract, or otherwise, against the owner or operator of a commercial motor vehicle shall be limited to one million dollars, regardless of the number of claims, theories of liability, or defendants in the civil action.
   3.  This section shall not apply if the civil action involving a commercial motor vehicle arises from an incident for which an employee is convicted under section 321J.2 or found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. §392.5.
   Sec. 3.  Section 668A.1, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  A claim for punitive or exemplary damages shall not be included in any initial claim for relief. A claim for punitive or exemplary damages may be allowed by amendment to the pleadings only after the exchange of initial disclosures pursuant to the Iowa rules of civil procedure and after the plaintiff establishes prima facie proof of a triable issue. After the plaintiff establishes the existence of a triable issue, the court may, in its discretion and subject to subsection 3, allow discovery on the issue of punitive or exemplary damages as the court deems appropriate.>
   2.  Title page, by striking lines 1 and 2 and inserting <An Act relating to civil tort liability involving the operation of a commercial motor vehicle.>

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BOUSSELOT of Polk