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 amount not
  1  8 to exceed five percent of the damages awarded proportionate 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