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
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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