House File 2099

                                       HOUSE FILE       
                                       BY  HORBACH


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to an award of noneconomic damages.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 6031HH 80
  4 rh/pj/5

PAG LIN

  1  1    Section 1.  NEW SECTION.  668B.1  CITATION.
  1  2    This chapter may be cited as the "Noneconomic Damage Awards
  1  3 Act".
  1  4    Sec. 2.  NEW SECTION.  668B.2  DEFINITIONS.
  1  5    As used in this chapter, unless the context otherwise
  1  6 requires:
  1  7    1.  "Economic damages" means objectively verifiable
  1  8 pecuniary damages arising from medical expenses and medical
  1  9 care, rehabilitation services, custodial care, loss of
  1 10 earnings and earning capacity, loss of income, burial costs,
  1 11 loss of use of property, costs of repair or replacement of
  1 12 property, costs of obtaining substitute domestic services,
  1 13 loss of employment, loss of business or employment
  1 14 opportunities, and other objectively verifiable monetary
  1 15 losses.
  1 16    2.  "Noneconomic damages" means subjective, nonpecuniary
  1 17 damages arising from pain, suffering, inconvenience, physical
  1 18 impairment, disfigurement, mental anguish, emotional distress,
  1 19 loss of services, companionship, society, or consortium,
  1 20 injury to reputation, humiliation, and other nonpecuniary
  1 21 damages.
  1 22    Sec. 3.  NEW SECTION.  668B.3  DAMAGE AWARDS.
  1 23    In any personal injury action, the prevailing plaintiff may
  1 24 be awarded all of the following damages:
  1 25    1.  Compensation for economic damages suffered by the
  1 26 injured plaintiff.
  1 27    2.  Compensation for the noneconomic damages suffered by
  1 28 the injured plaintiff not to exceed the greater of either of
  1 29 the following:
  1 30    a.  Two hundred fifty thousand dollars.
  1 31    b.  The amount awarded in economic damages.
  1 32    Sec. 4.  NEW SECTION.  668B.4  SPECIAL DAMAGES == FINDINGS.
  1 33    1.  In any action seeking damages for personal injury or
  1 34 wrongful death in which liability is found, the trier of fact,
  1 35 in addition to other appropriate findings, shall make separate
  2  1 findings for each claimant specifying the amount of both of
  2  2 the following:
  2  3    a.  Any past damages.
  2  4    b.  Any future damages and the periods over which they will
  2  5 accrue, on an annual basis, for each of the following types of
  2  6 damages:
  2  7    (1)  Medical and other costs of health care.
  2  8    (2)  Other economic loss.
  2  9    (3)  Noneconomic loss.
  2 10    2.  The calculation of the costs of any future medical
  2 11 care, other costs of health care, and future noneconomic loss
  2 12 must reflect the costs and losses during the period of time
  2 13 the claimant will sustain those costs and losses.  The
  2 14 calculation for other economic loss must be based on the
  2 15 losses during the period of time the claimant would have lived
  2 16 but for the injury upon which the claim is based.
  2 17                           EXPLANATION
  2 18    This bill establishes the noneconomic damage awards Act and
  2 19 provides that an award for noneconomic damages in a personal
  2 20 injury action shall not exceed $250,000 or the amount awarded
  2 21 in economic damages, whichever amount is greater.  Special
  2 22 findings are required by the trier of fact where liability is
  2 23 assessed in a personal injury or wrongful death action.
  2 24 LSB 6031HH 80
  2 25 rh/pj/5