Senate
File
228
-
Introduced
SENATE
FILE
228
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1114)
(COMPANION
TO
HF
201
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
tort
liability,
including
employer
1
liability
and
noneconomic
damages
in
civil
actions
involving
2
commercial
motor
vehicles,
and
punitive
or
exemplary
damages
3
in
civil
actions
generally.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1815SV
(1)
90
cm/ns
S.F.
228
Section
1.
NEW
SECTION
.
668.12A
Liability
for
employee
1
negligence
in
actions
involving
commercial
motor
vehicles.
2
1.
Subject
to
subsection
4,
in
a
civil
action
involving
the
3
operation
of
a
commercial
motor
vehicle,
if
an
employer
who
4
is
a
defendant
in
the
action
complies
with
subsection
2,
the
5
employer’s
liability
for
damages
caused
by
the
negligence
of
an
6
employee
operating
a
commercial
motor
vehicle
within
the
course
7
and
scope
of
employment
shall
be
based
solely
on
respondeat
8
superior
and
not
on
the
employer’s
direct
negligence
in
hiring,
9
training,
supervising,
or
trusting
the
employee.
10
2.
On
motion
of
an
employer
who
is
a
defendant
in
a
civil
11
action
involving
the
operation
of
a
commercial
motor
vehicle,
12
a
trial
court
shall
dismiss
from
the
civil
action
any
claim
13
of
the
employer’s
direct
negligence
in
hiring,
training,
14
supervising,
or
trusting
the
employee,
or
other
claim
of
direct
15
negligence
on
the
part
of
the
employer
for
the
employee’s
16
harmful
conduct,
or
other
similar
claims,
if
the
employer
17
stipulates
that
at
the
time
of
the
event
that
caused
the
18
damages
that
are
the
subject
of
the
civil
action
that
the
19
person
whose
negligence
is
alleged
to
have
caused
the
damages
20
was
the
employer’s
employee
and
was
acting
within
the
course
21
and
scope
of
employment
with
the
employer.
22
3.
If
an
employer
makes
the
stipulations
in
subsection
2
23
with
respect
to
an
employee,
and
the
employee’s
negligence
is
24
found
to
have
caused
or
contributed
to
causing
the
damages,
25
the
employer
shall
be
adjudged
liable
solely
on
the
basis
of
26
respondeat
superior
for
all
the
resulting
damages.
27
4.
This
section
does
not
apply
if
the
civil
action
involving
28
a
commercial
motor
vehicle
arises
from
an
incident
for
which
an
29
employee
is
convicted
under
section
321J.2
or
found
to
be
in
30
violation
of
49
C.F.R.
§392.4
or
49
C.F.R.
§392.5.
31
5.
As
used
in
this
section:
32
a.
“Commercial
motor
vehicle”
means
as
defined
in
section
33
321.1.
34
b.
“Convicted”
means
convicted
of
an
indictable
offense
and
35
-1-
LSB
1815SV
(1)
90
cm/ns
1/
5
S.F.
228
includes
a
guilty
plea
or
other
finding
of
guilt
by
a
court
of
1
competent
jurisdiction.
2
c.
“Operation”
or
“operating”
means
actual
physical
control
3
of
a
commercial
motor
vehicle
upon
a
highway
as
defined
in
4
section
321.1.
5
Sec.
2.
NEW
SECTION
.
668.15A
Noneconomic
damages
——
6
commercial
motor
vehicle
owners
or
operators.
7
1.
As
used
in
this
section:
8
a.
“Commercial
motor
vehicle”
means
as
defined
in
section
9
321.1.
10
b.
“Convicted”
means
convicted
of
an
indictable
offense
and
11
includes
a
guilty
plea
or
other
finding
of
guilt
by
a
court
of
12
competent
jurisdiction.
13
c.
“Inflation”
means
the
annual
percentage
change
in
the
14
United
States
department
of
labor,
bureau
of
labor
statistics,
15
consumer
price
index
for
all
urban
consumers
for
the
midwest
16
region,
all
items,
or
its
successor
index.
17
d.
“Noneconomic
damages”
means
damages
arising
from
18
pain,
suffering,
inconvenience,
physical
impairment,
mental
19
anguish,
emotional
pain
and
suffering,
loss
of
chance,
loss
of
20
consortium,
or
any
other
nonpecuniary
damages.
21
e.
“Operation”
means
actual
physical
control
of
a
commercial
22
motor
vehicle
upon
a
highway
as
defined
in
section
321.1.
23
2.
The
total
amount
recoverable
by
each
plaintiff
in
any
24
civil
action
involving
the
operation
of
a
commercial
motor
25
vehicle
for
noneconomic
damages
for
personal
injury
or
death,
26
whether
in
tort,
contract,
or
otherwise,
against
the
owner
or
27
operator
of
a
commercial
motor
vehicle
shall
be
limited
to
one
28
million
dollars,
regardless
of
the
number
of
claims,
theories
29
of
liability,
or
defendants
in
the
civil
action.
30
3.
a.
The
limitation
on
damages
set
forth
in
subsection
2
31
shall
be
adjusted
for
inflation
by
the
secretary
of
state
on
32
January
1,
2026,
and
on
January
1
of
each
even-numbered
year
33
thereafter.
34
b.
The
secretary
of
state
shall
certify
and
publish
the
35
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228
adjusted
limitation
on
damages
within
fourteen
days
after
the
1
appropriate
information
is
available.
2
4.
This
section
does
not
apply
if
the
civil
action
involving
3
a
commercial
motor
vehicle
arises
from
an
incident
for
which
an
4
employee
is
convicted
under
section
321J.2
or
found
to
be
in
5
violation
of
49
C.F.R.
§392.4
or
49
C.F.R.
§392.5.
6
Sec.
3.
Section
668A.1,
Code
2023,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
2A.
A
claim
for
punitive
or
exemplary
9
damages
shall
not
be
included
in
any
initial
claim
for
relief.
10
A
claim
for
punitive
or
exemplary
damages
may
be
allowed
by
11
amendment
to
the
pleadings
only
after
the
exchange
of
initial
12
disclosures
pursuant
to
the
Iowa
rules
of
civil
procedure
and
13
after
the
plaintiff
establishes
prima
facie
proof
of
a
triable
14
issue.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
tort
liability.
19
Under
current
law,
an
employer
is
liable
for
an
employee’s
20
negligence
and
may
be
held
responsible
for
direct
negligence
21
relating
to
hiring,
training,
supervising,
or
trusting
an
22
employee,
or
other
claims
of
direct
negligence
on
part
of
the
23
employee’s
harmful
conduct,
subject
to
certain
limitations
24
contained
in
Code
chapter
671A
(negligent
hiring
——
limitations
25
on
liability)
relating
to
convictions
for
public
offenses,
with
26
certain
exceptions.
27
The
bill
provides
that
the
liability
of
an
employer
who
is
28
a
defendant
in
a
civil
action
involving
a
commercial
motor
29
vehicle
for
damages
caused
by
negligence
of
an
employee
acting
30
within
the
scope
and
course
of
employment
shall
be
based
on
31
respondeat
superior
if
the
employer
makes
certain
stipulations.
32
On
motion
of
an
employer,
a
trial
court
shall
dismiss
from
33
the
action
any
claim
of
the
employer’s
direct
negligence
in
34
hiring,
training,
supervising,
or
trusting
an
employee,
or
35
-3-
LSB
1815SV
(1)
90
cm/ns
3/
5
S.F.
228
other
claim
of
direct
negligence
on
the
part
of
the
employer
1
for
the
employee’s
harmful
conduct,
or
other
similar
claims,
2
if
the
employer
stipulates
that
at
the
time
of
the
event
that
3
caused
the
damages
that
the
person
whose
negligence
is
the
4
basis
of
the
action
is
the
employer’s
employee
and
the
employee
5
was
acting
within
the
course
and
scope
of
employment
with
the
6
employer.
These
provisions
do
not
apply
in
circumstances
7
involving
an
operating-while-intoxicated
offense
or
a
violation
8
under
federal
regulations
for
operating
under
the
influence
of
9
drugs,
alcohol,
or
other
substances.
10
The
bill
limits
the
amount
of
noneconomic
damages
available
11
against
the
owner
or
operator
of
a
commercial
motor
vehicle
for
12
personal
injury
or
death
to
$1
million
regardless
of
the
number
13
of
derivative
claims,
theories
of
liability,
or
defendants
in
14
the
civil
action.
The
secretary
of
state
shall
adjust
the
15
noneconomic
damages
award
limitation
on
a
biannual
basis
to
16
account
for
inflation
beginning
on
January
1,
2026,
and
every
17
even-numbered
year
thereafter.
Under
current
law,
noneconomic
18
damages
are
unlimited
except
for
suits
under
Code
sections
19
123.92
(dramshop
liability)
and
147.136A
(awards
against
health
20
care
providers).
21
The
bill
provides
that
a
claim
for
punitive
or
exemplary
22
damages
in
an
action
governed
by
Code
section
668A.1
shall
23
not
be
included
in
any
initial
claim
for
relief.
A
claim
for
24
punitive
or
exemplary
damages
may
be
allowed
by
amendment
to
25
the
pleadings
only
after
the
exchange
of
initial
disclosures
26
and
after
the
plaintiff
establishes
prima
facie
proof
of
a
27
triable
issue.
Under
current
law
and
under
the
bill,
the
28
mere
allegation
or
assertion
of
a
claim
for
punitive
damages
29
cannot
form
the
basis
for
discovery
of
the
wealth
or
ability
to
30
respond
in
damages
on
behalf
of
the
party
from
whom
punitive
31
damages
are
claimed
until
the
claimant
has
established
that
32
sufficient
admissible
evidence
exists
to
support
a
prima
facie
33
case
establishing,
by
a
preponderance
of
clear,
convincing,
and
34
satisfactory
evidence,
that
the
conduct
of
the
defendant
from
35
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228
which
the
claim
arose
constituted
willful
and
wanton
disregard
1
for
the
rights
or
safety
of
another.
2
-5-
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1815SV
(1)
90
cm/ns
5/
5