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Senate Study Bill 1210 - IntroducedA Bill ForAn Act 1relating to tort liability, including employer liability
2in actions arising from an employee’s negligence, punitive
3or exemplary damages, and noneconomic damages available
4against operators of motor vehicles.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 668.12A Liability for employee
2negligence.
31. In a civil action involving an employer, if the employer
4who is a defendant in the action complies with subsection 2,
5the employer’s liability for damages caused by the negligence
6of an employee acting within the course and scope of employment
7shall be based solely on respondent superior and not on the
8employer’s direct negligence in hiring, training, supervising,
9or trusting the employee, or other similar claim that the
10employer’s negligence enabled the employee’s harmful conduct.
112. On motion of an employer who is the defendant in the
12action, and notwithstanding section 671A.2, a trial court shall
13dismiss from the action any claim of the employer’s direct
14negligence in hiring, training, supervising, or trusting an
15employee, or other claim of direct negligence on the part of
16the employer for the employee’s harmful conduct, or other
17similar claims, if the employer stipulates that at the time
18of the event that caused the damages that are the subject of
19the action that the person whose negligence is alleged to have
20caused the damages was the employer’s employee and was acting
21within the course and scope of employment with the employer.
223. If an employer makes the stipulations in subsection 2
23with respect to an employee, and the employee’s negligence is
24found to have caused or contributed to causing the damages, the
25employer shall be adjudged vicariously liable for the resulting
26damages.
27 Sec. 2. NEW SECTION. 668.15A Noneconomic damages — motor
28vehicle operators.
291. As used in this section:
30a. “Noneconomic damages” means damages arising from
31pain, suffering, inconvenience, physical impairment, mental
32anguish, emotional pain and suffering, loss of chance, loss of
33consortium, or any other nonpecuniary damages.
34b. “Occurrence” means the event, incident, or happening,
35and the acts or omissions incident thereto, which proximately
-1-1caused injuries or damages for which recovery is claimed.
22. The total amount recoverable in any civil action for
3noneconomic damages for personal injury or death, whether
4in tort, contract, or otherwise, against the operator of a
5motor vehicle shall be limited to seven hundred fifty thousand
6dollars, regardless of the number of plaintiffs, derivative
7claims, theories of liability, or defendants in the civil
8action.
9 Sec. 3. Section 668A.1, Code 2021, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 2A. A claim for punitive or exemplary
12damages shall not be included in any initial claim for relief.
13A claim for punitive or exemplary damages may be allowed by
14amendment to the pleadings only after the exchange of initial
15disclosures pursuant to rule 1.500(1) of the Iowa rules of
16civil procedure and after the plaintiff establishes prima facie
17proof of a triable issue. After the plaintiff establishes the
18existence of a triable issue, the court may, in its discretion
19and subject to subsection 3, allow discovery on the issue of
20punitive or exemplary damages as the court deems appropriate.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to tort liability, including employer
25liability for an employee’s torts, noneconomic damages
26available against an operator of a motor vehicle, and pleading
27and discovery requirements related to punitive damages.
28The bill provides that an employer’s liability who is a
29defendant in a civil action for damages caused by negligence of
30an employee acting within the scope and course of employment
31shall be based on respondent superior. Upon motion of an
32employer, and notwithstanding Code section 671A.2 (limitations
33on liability protection for negligent hiring), a trial court
34shall dismiss from the action any claim of the employer’s
35direct negligence in hiring, training, supervising, or trusting
-2-1an employee, or other claim of direct negligence on the part
2of the employer for the employee’s harmful conduct, or other
3similar claims, if the employer stipulates that at the time
4of the event that caused the damages that the person whose
5negligence is the basis of the action is the employer’s
6employee and the employee was acting within the course and
7scope of employment with the employer. If an employer makes
8the stipulation with respect to an employee, and the employee’s
9negligence is found to have caused or contributed to causing
10the damages, the employer shall be adjudged vicariously liable
11for the resulting damages.
12Under current law, an employer is liable for an employee’s
13negligence and may be held responsible for direct negligence
14relating to hiring, training, supervising, trusting an
15employee, or other claims of direct negligence on part of the
16employee’s harmful conduct, subject to certain limitations
17contained in Code chapter 671 (negligent hiring — limitations
18on liability.
19The bill limits the amount of noneconomic damages available
20against the operator of a motor vehicle. The bill defines
21“noneconomic damages” to mean damages arising from pain,
22suffering, inconvenience, physical impairment, mental
23anguish, emotional pain and suffering, loss of chance, loss of
24consortium, or any other nonpecuniary damages and “occurrence”
25to mean the event, incident, or happening, and the acts or
26omissions incident thereto, which proximately caused injuries
27or damages for which recovery is claimed. The bill provides
28that the total amount recoverable in any civil action for
29noneconomic damages for personal injury or death against the
30operator of a motor vehicle shall be limited to $750,000
31for any occurrence regardless of the number of plaintiffs,
32derivative claims, theories of liability, or defendants in
33the civil action. Under current law, noneconomic damages are
34unlimited except for suits under Code sections 123.92 (dramshop
35liability) and 147.136A (medical malpractice).
-3- 1The bill provides that a claim for punitive or exemplary
2damages in an action governed by Code section 668A.1 shall
3not be included in any initial claim for relief. A claim for
4punitive or exemplary damages may be allowed by amendment to
5the pleadings only after the exchange of initial disclosures
6and after the plaintiff establishes prima facie proof of a
7triable issue. After the plaintiff establishes the existence
8of a triable issue of punitive or exemplary damages, the court
9may allow additional discovery on the issue of punitive or
10exemplary damages. Under current law and under the bill, the
11mere allegation or assertion of a claim for punitive damages
12cannot form the basis for discovery of the wealth or ability to
13respond in damages on behalf of the party from whom punitive
14damages are claimed until the claimant has established that
15sufficient admissable evidence exists to support a prima facie
16case establishing, by a preponderance of clear, convincing, and
17satisfactory evidence, that the conduct of the defendant from
18which the claim arose constituted willful and wanton disregard
19for the rights or safety of another.
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2in actions arising from an employee’s negligence, punitive
3or exemplary damages, and noneconomic damages available
4against operators of motor vehicles.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 668.12A Liability for employee
2negligence.
31. In a civil action involving an employer, if the employer
4who is a defendant in the action complies with subsection 2,
5the employer’s liability for damages caused by the negligence
6of an employee acting within the course and scope of employment
7shall be based solely on respondent superior and not on the
8employer’s direct negligence in hiring, training, supervising,
9or trusting the employee, or other similar claim that the
10employer’s negligence enabled the employee’s harmful conduct.
112. On motion of an employer who is the defendant in the
12action, and notwithstanding section 671A.2, a trial court shall
13dismiss from the action any claim of the employer’s direct
14negligence in hiring, training, supervising, or trusting an
15employee, or other claim of direct negligence on the part of
16the employer for the employee’s harmful conduct, or other
17similar claims, if the employer stipulates that at the time
18of the event that caused the damages that are the subject of
19the action that the person whose negligence is alleged to have
20caused the damages was the employer’s employee and was acting
21within the course and scope of employment with the employer.
223. If an employer makes the stipulations in subsection 2
23with respect to an employee, and the employee’s negligence is
24found to have caused or contributed to causing the damages, the
25employer shall be adjudged vicariously liable for the resulting
26damages.
27 Sec. 2. NEW SECTION. 668.15A Noneconomic damages — motor
28vehicle operators.
291. As used in this section:
30a. “Noneconomic damages” means damages arising from
31pain, suffering, inconvenience, physical impairment, mental
32anguish, emotional pain and suffering, loss of chance, loss of
33consortium, or any other nonpecuniary damages.
34b. “Occurrence” means the event, incident, or happening,
35and the acts or omissions incident thereto, which proximately
-1-1caused injuries or damages for which recovery is claimed.
22. The total amount recoverable in any civil action for
3noneconomic damages for personal injury or death, whether
4in tort, contract, or otherwise, against the operator of a
5motor vehicle shall be limited to seven hundred fifty thousand
6dollars, regardless of the number of plaintiffs, derivative
7claims, theories of liability, or defendants in the civil
8action.
9 Sec. 3. Section 668A.1, Code 2021, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 2A. A claim for punitive or exemplary
12damages shall not be included in any initial claim for relief.
13A claim for punitive or exemplary damages may be allowed by
14amendment to the pleadings only after the exchange of initial
15disclosures pursuant to rule 1.500(1) of the Iowa rules of
16civil procedure and after the plaintiff establishes prima facie
17proof of a triable issue. After the plaintiff establishes the
18existence of a triable issue, the court may, in its discretion
19and subject to subsection 3, allow discovery on the issue of
20punitive or exemplary damages as the court deems appropriate.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to tort liability, including employer
25liability for an employee’s torts, noneconomic damages
26available against an operator of a motor vehicle, and pleading
27and discovery requirements related to punitive damages.
28The bill provides that an employer’s liability who is a
29defendant in a civil action for damages caused by negligence of
30an employee acting within the scope and course of employment
31shall be based on respondent superior. Upon motion of an
32employer, and notwithstanding Code section 671A.2 (limitations
33on liability protection for negligent hiring), a trial court
34shall dismiss from the action any claim of the employer’s
35direct negligence in hiring, training, supervising, or trusting
-2-1an employee, or other claim of direct negligence on the part
2of the employer for the employee’s harmful conduct, or other
3similar claims, if the employer stipulates that at the time
4of the event that caused the damages that the person whose
5negligence is the basis of the action is the employer’s
6employee and the employee was acting within the course and
7scope of employment with the employer. If an employer makes
8the stipulation with respect to an employee, and the employee’s
9negligence is found to have caused or contributed to causing
10the damages, the employer shall be adjudged vicariously liable
11for the resulting damages.
12Under current law, an employer is liable for an employee’s
13negligence and may be held responsible for direct negligence
14relating to hiring, training, supervising, trusting an
15employee, or other claims of direct negligence on part of the
16employee’s harmful conduct, subject to certain limitations
17contained in Code chapter 671 (negligent hiring — limitations
18on liability.
19The bill limits the amount of noneconomic damages available
20against the operator of a motor vehicle. The bill defines
21“noneconomic damages” to mean damages arising from pain,
22suffering, inconvenience, physical impairment, mental
23anguish, emotional pain and suffering, loss of chance, loss of
24consortium, or any other nonpecuniary damages and “occurrence”
25to mean the event, incident, or happening, and the acts or
26omissions incident thereto, which proximately caused injuries
27or damages for which recovery is claimed. The bill provides
28that the total amount recoverable in any civil action for
29noneconomic damages for personal injury or death against the
30operator of a motor vehicle shall be limited to $750,000
31for any occurrence regardless of the number of plaintiffs,
32derivative claims, theories of liability, or defendants in
33the civil action. Under current law, noneconomic damages are
34unlimited except for suits under Code sections 123.92 (dramshop
35liability) and 147.136A (medical malpractice).
-3- 1The bill provides that a claim for punitive or exemplary
2damages in an action governed by Code section 668A.1 shall
3not be included in any initial claim for relief. A claim for
4punitive or exemplary damages may be allowed by amendment to
5the pleadings only after the exchange of initial disclosures
6and after the plaintiff establishes prima facie proof of a
7triable issue. After the plaintiff establishes the existence
8of a triable issue of punitive or exemplary damages, the court
9may allow additional discovery on the issue of punitive or
10exemplary damages. Under current law and under the bill, the
11mere allegation or assertion of a claim for punitive damages
12cannot form the basis for discovery of the wealth or ability to
13respond in damages on behalf of the party from whom punitive
14damages are claimed until the claimant has established that
15sufficient admissable evidence exists to support a prima facie
16case establishing, by a preponderance of clear, convincing, and
17satisfactory evidence, that the conduct of the defendant from
18which the claim arose constituted willful and wanton disregard
19for the rights or safety of another.
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