S.F. 1 Section 1. NEW SECTION . 327D.16A Comparative fault —— 1 limitation of application. 2 Notwithstanding sections 327D.188 and 668.3, in any actions 3 brought against any railway corporation to recover damages for 4 property damage, personal injury, or death in any crash or 5 collision in which the freight or work railroad train exceeded 6 seven thousand feet and the jury finds that the length of the 7 freight or work railroad train caused, in whole or in part, 8 the property damage, personal injury, or death in the crash or 9 collision, the recovery by the claimant or other party shall 10 not be diminished due to the comparative fault of the claimant 11 or other party. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to comparative fault of railway 16 corporations. The bill provides that when a train is 7,000 17 feet or longer and the jury determines that the length of the 18 train contributed to the accident, the railway corporation 19 shall not be eligible to seek a reduction in damages under the 20 theory of comparative fault. 21 Under current law, any damages for fault resulting in 22 injury are diminished in proportion to the amount of fault 23 attributable to the claimant. Such comparative fault 24 considerations do not apply to the bill. 25 -1- LSB 1132XS (5) 91 cm/jh 1/ 1