House Study Bill 70 HOUSE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON PAULSEN) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act eliminating the limitation on the reduction in damages 2 awarded to plaintiffs who fail to wear a motor vehicle safety 3 belt or safety harness. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2039HC 81 6 rh/sh/8 PAG LIN 1 1 Section 1. Section 321.445, subsection 4, paragraph b, 1 2 subparagraph (2), Code 2005, is amended to read as follows: 1 3 (2) If the evidence supports such a finding, the trier of 1 4 fact may find that the plaintiff's failure to wear a safety 1 5 belt or safety harness in violation of this section 1 6 contributed to the plaintiff's claimed injury or injuries, and 1 7 may reduce the amount of plaintiff's recovery by an amountnot 1 8 to exceed five percent of the damages awardedproportionate to 1 9 the degree to which the failure to wear a safety belt or 1 10 safety harness contributed to the plaintiff's claimed injury 1 11 or injuries, after any reductions for comparative fault. 1 12 EXPLANATION 1 13 This bill eliminates the limitation on the reduction in 1 14 damages awarded to plaintiffs who fail to wear a motor vehicle 1 15 safety belt or safety harness. Currently, Code section 1 16 321.445 provides that the trier of fact may reduce the amount 1 17 of a plaintiff's recovery by an amount not to exceed 5 percent 1 18 of the damages awarded after any reductions for comparative 1 19 fault if the evidence supports a finding that the plaintiff's 1 20 failure to wear the belt or harness, in violation of that 1 21 section, contributed to the plaintiff's claimed injury or 1 22 injuries. 1 23 LSB 2039HC 81 1 24 rh:rj/sh/8