Senate File 307 - Introduced



                                       SENATE FILE       
                                       BY  DANIELSON


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

                                      A BILL FOR

  1 An Act relating to the issuance of a temporary injunction
  2    prohibiting the enforcement of financial obligations and
  3    liabilities related to an action seeking damages for personal
  4    injury.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2387SS 81
  7 rh/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  668.14A  TEMPORARY INJUNCTION
  1  2 PROHIBITING ENFORCEMENT OF FINANCIAL OBLIGATIONS INCURRED AS
  1  3 RESULT OF PERSONAL INJURY ACTION.
  1  4    1.  In an action brought pursuant to this chapter seeking
  1  5 damages for personal injury, the plaintiff may, at any time
  1  6 during the period of the lawsuit, apply to the court for
  1  7 relief in regard to any financial obligation or liability
  1  8 incurred by the plaintiff relating to the personal injury
  1  9 action.
  1 10    2.  The court, after appropriate notice and hearing, may
  1 11 grant a temporary injunction prohibiting the enforcement of
  1 12 any financial obligation or liability incurred by the
  1 13 plaintiff relating to the personal injury action when the
  1 14 plaintiff's petition, supported by affidavit, shows the
  1 15 plaintiff will suffer irreparable injury if relief is not
  1 16 granted.
  1 17    3.  When a court has granted a temporary injunction as
  1 18 provided in subsection 1, during the period the terms and
  1 19 conditions of the injunction are complied with no fine or
  1 20 penalty shall accrue.
  1 21                           EXPLANATION
  1 22    This bill relates to the issuance of a temporary injunction
  1 23 prohibiting the enforcement of financial obligations and
  1 24 liabilities related to an action seeking damages for personal
  1 25 injury.
  1 26    The bill provides that in a personal injury action the
  1 27 plaintiff may, at any time during the period of the lawsuit,
  1 28 apply to the court for relief in regard to any financial
  1 29 obligation or liability incurred by the plaintiff relating to
  1 30 the personal injury action.  The court, after appropriate
  1 31 notice and hearing, may grant a temporary injunction
  1 32 prohibiting the enforcement of such an obligation or liability
  1 33 when the plaintiff's petition, supported by affidavit, shows
  1 34 the plaintiff will suffer irreparable injury.  The bill
  1 35 further provides that when a court has granted a temporary
  2  1 injunction, during the period the terms and conditions of the
  2  2 injunction are complied with no fine or penalty shall accrue.
  2  3 LSB 2387SS 81
  2  4 rh:nh/cf/24