House File 201 H-1011 Amend House File 201 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 668.12A Liability for employee 4 negligence in actions involving commercial motor vehicles. 5 1. In a civil action involving the operation of a commercial 6 motor vehicle, the employer’s liability for damages caused by 7 the negligence of an employee operating a commercial motor 8 vehicle within the course and scope of employment shall be 9 based solely on respondeat superior. 10 2. This section does not apply if the civil action involving 11 a commercial motor vehicle arises from an incident for which an 12 employee is convicted under section 321J.2 or found to be in 13 violation of 49 C.F.R. §392.4 or 49 C.F.R. §392.5. 14 3. As used in this section: 15 a. “Commercial motor vehicle” means as defined in section 16 321.1. 17 b. “Convicted” means convicted of an indictable offense and 18 includes a guilty plea or other finding of guilt by a court of 19 competent jurisdiction. 20 c. “Operation” or “operating” means actual physical control 21 of a commercial motor vehicle upon a highway as defined in 22 section 321.1. 23 Sec. 2. NEW SECTION . 668.15A Noneconomic damages —— 24 commercial motor vehicle owners or operators. 25 1. As used in this section: 26 a. “Commercial motor vehicle” means as defined in section 27 321.1. 28 b. “Convicted” means convicted of an indictable offense and 29 includes a guilty plea or other finding of guilt by a court of 30 competent jurisdiction. 31 c. “Noneconomic damages” means damages arising from 32 pain, suffering, inconvenience, physical impairment, mental 33 anguish, emotional pain and suffering, loss of chance, loss of 34 consortium, or any other nonpecuniary damages. 35 -1- HF 201.249 (2) 90 cm/ns 1/ 2 #1.
d. “Operation” means actual physical control of a commercial 1 motor vehicle upon a highway as defined in section 321.1. 2 2. The total amount recoverable by each plaintiff in any 3 civil action involving the operation of a commercial motor 4 vehicle for noneconomic damages for personal injury or death, 5 whether in tort, contract, or otherwise, against the owner or 6 operator of a commercial motor vehicle shall be limited to 7 fifteen million dollars, regardless of the number of claims, 8 theories of liability, or defendants in the civil action. 9 3. This section does not apply if the civil action involving 10 a commercial motor vehicle arises from an incident for which an 11 employee is convicted under section 321J.2 or found to be in 12 violation of 49 C.F.R. §392.4 or 49 C.F.R. §392.5. 13 Sec. 3. Section 668A.1, Code 2023, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 2A. A claim for punitive or exemplary 16 damages may be included in any initial claim for relief and may 17 be allowed by amendment to the pleadings after the exchange of 18 initial disclosures. > 19 ______________________________ SCHEETZ of Linn -2- HF 201.249 (2) 90 cm/ns 2/ 2