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House File 772 - IntroducedA Bill ForAn Act 1relating to tort liability, including employer liability
2in civil actions involving commercial motor vehicles and
3arising from an employee’s negligence, punitive or exemplary
4damages, and noneconomic damages available against owners or
5operators of commercial motor vehicles.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 668.12A Liability for employee
2negligence in actions involving commercial motor vehicles.
31. In a civil action involving a commercial motor vehicle
4as defined in section 321.1, if an employer who is a defendant
5in the action complies with subsection 2, the employer’s
6liability for damages caused by the negligence of an employee
7acting within the course and scope of employment shall be based
8solely on respondeat superior and not on the employer’s direct
9negligence in hiring, training, supervising, or trusting the
10employee, or other similar claim that the employer’s negligence
11enabled the employee’s harmful conduct.
122. On motion of an employer who is the defendant in
13a civil action involving a commercial motor vehicle, and
14notwithstanding section 671A.2, a trial court shall dismiss
15from the civil action any claim of the employer’s direct
16negligence in hiring, training, supervising, or trusting an
17employee, or other claim of direct negligence on the part of
18the employer for the employee’s harmful conduct, or other
19similar claims, if the employer stipulates that at the time
20of the event that caused the damages that are the subject of
21the action that the person whose negligence is alleged to have
22caused the damages was the employer’s employee and was acting
23within the course and scope of employment with the employer.
243. If an employer makes the stipulations in subsection 2
25with respect to an employee, and the employee’s negligence is
26found to have caused or contributed to causing the damages, the
27employer shall be adjudged vicariously liable for the resulting
28damages.
29 Sec. 2. NEW SECTION. 668.15A Noneconomic damages —
30commercial motor vehicle owners or operators.
311. As used in this section:
32a. “Noneconomic damages” means damages arising from
33pain, suffering, inconvenience, physical impairment, mental
34anguish, emotional pain and suffering, loss of chance, loss of
35consortium, or any other nonpecuniary damages.
-1- 1b. “Occurrence” means the event, incident, or happening,
2and the acts or omissions incident thereto, which proximately
3caused injuries or damages for which recovery is claimed.
42. The total amount recoverable in any civil action for
5noneconomic damages for personal injury or death, whether in
6tort, contract, or otherwise, against the owner or operator
7of a commercial motor vehicle shall be limited to one million
8dollars, regardless of the number of derivative claims,
9theories of liability, or defendants in the civil action.
10 Sec. 3. Section 668A.1, Code 2021, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 2A. A claim for punitive or exemplary
13damages shall not be included in any initial claim for relief.
14A claim for punitive or exemplary damages may be allowed by
15amendment to the pleadings only after the exchange of initial
16disclosures pursuant to rule 1.500(1) of the Iowa rules of
17civil procedure and after the plaintiff establishes prima facie
18proof of a triable issue. After the plaintiff establishes the
19existence of a triable issue, the court may, in its discretion
20and subject to subsection 3, allow discovery on the issue of
21punitive or exemplary damages as the court deems appropriate.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to tort liability, including employer
26liability for an employee’s tort involving a commercial motor
27vehicle, noneconomic damages available against an owner or
28operator of a commercial motor vehicle, and pleading and
29discovery requirements related to punitive damages.
30The bill provides that an employer’s liability who is a
31defendant in a civil action involving a commercial motor
32vehicle for damages caused by negligence of an employee acting
33within the scope and course of employment shall be based
34on respondeat superior. Upon motion of an employer, and
35notwithstanding Code section 671A.2 (limitations on liability
-2-1protection for negligent hiring), a trial court shall dismiss
2from the action any claim of the employer’s direct negligence
3in hiring, training, supervising, or trusting an employee, or
4other claim of direct negligence on the part of the employer
5for the employee’s harmful conduct, or other similar claims,
6if the employer stipulates that at the time of the event that
7caused the damages that the person whose negligence is the
8basis of the action is the employer’s employee and the employee
9was acting within the course and scope of employment with the
10employer. If an employer makes the stipulation with respect
11to an employee, and the employee’s negligence is found to have
12caused or contributed to causing the damages, the employer
13shall be adjudged vicariously liable for the resulting damages.
14Under current law, an employer is liable for an employee’s
15negligence and may be held responsible for direct negligence
16relating to hiring, training, supervising, trusting an
17employee, or other claims of direct negligence on part of the
18employee’s harmful conduct, subject to certain limitations
19contained in Code chapter 671 (negligent hiring — limitations
20on liability).
21The bill limits the amount of noneconomic damages available
22against the owner or operator of a commercial motor vehicle.
23The bill defines “noneconomic damages” to mean damages arising
24from pain, suffering, inconvenience, physical impairment,
25mental anguish, emotional pain and suffering, loss of chance,
26loss of consortium, or any other nonpecuniary damages and
27“occurrence” to mean the event, incident, or happening, and
28the acts or omissions incident thereto, which proximately
29caused injuries or damages for which recovery is claimed. The
30bill provides that the total amount recoverable in any civil
31action for noneconomic damages for personal injury or death
32against the owner or operator of a commercial motor vehicle
33shall be limited to $1 million for any occurrence regardless
34of the number of derivative claims, theories of liability, or
35defendants in the civil action. Under current law, noneconomic
-3-1damages are unlimited except for suits under Code sections
2123.92 (dramshop liability) and 147.136A (medical malpractice).
3The bill provides that a claim for punitive or exemplary
4damages in an action governed by Code section 668A.1 shall
5not be included in any initial claim for relief. A claim for
6punitive or exemplary damages may be allowed by amendment to
7the pleadings only after the exchange of initial disclosures
8and after the plaintiff establishes prima facie proof of a
9triable issue. After the plaintiff establishes the existence
10of a triable issue of punitive or exemplary damages, the court
11may allow additional discovery on the issue of punitive or
12exemplary damages. Under current law and under the bill, the
13mere allegation or assertion of a claim for punitive damages
14cannot form the basis for discovery of the wealth or ability to
15respond in damages on behalf of the party from whom punitive
16damages are claimed until the claimant has established that
17sufficient admissable evidence exists to support a prima facie
18case establishing, by a preponderance of clear, convincing, and
19satisfactory evidence, that the conduct of the defendant from
20which the claim arose constituted willful and wanton disregard
21for the rights or safety of another.
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2in civil actions involving commercial motor vehicles and
3arising from an employee’s negligence, punitive or exemplary
4damages, and noneconomic damages available against owners or
5operators of commercial motor vehicles.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 668.12A Liability for employee
2negligence in actions involving commercial motor vehicles.
31. In a civil action involving a commercial motor vehicle
4as defined in section 321.1, if an employer who is a defendant
5in the action complies with subsection 2, the employer’s
6liability for damages caused by the negligence of an employee
7acting within the course and scope of employment shall be based
8solely on respondeat superior and not on the employer’s direct
9negligence in hiring, training, supervising, or trusting the
10employee, or other similar claim that the employer’s negligence
11enabled the employee’s harmful conduct.
122. On motion of an employer who is the defendant in
13a civil action involving a commercial motor vehicle, and
14notwithstanding section 671A.2, a trial court shall dismiss
15from the civil action any claim of the employer’s direct
16negligence in hiring, training, supervising, or trusting an
17employee, or other claim of direct negligence on the part of
18the employer for the employee’s harmful conduct, or other
19similar claims, if the employer stipulates that at the time
20of the event that caused the damages that are the subject of
21the action that the person whose negligence is alleged to have
22caused the damages was the employer’s employee and was acting
23within the course and scope of employment with the employer.
243. If an employer makes the stipulations in subsection 2
25with respect to an employee, and the employee’s negligence is
26found to have caused or contributed to causing the damages, the
27employer shall be adjudged vicariously liable for the resulting
28damages.
29 Sec. 2. NEW SECTION. 668.15A Noneconomic damages —
30commercial motor vehicle owners or operators.
311. As used in this section:
32a. “Noneconomic damages” means damages arising from
33pain, suffering, inconvenience, physical impairment, mental
34anguish, emotional pain and suffering, loss of chance, loss of
35consortium, or any other nonpecuniary damages.
-1- 1b. “Occurrence” means the event, incident, or happening,
2and the acts or omissions incident thereto, which proximately
3caused injuries or damages for which recovery is claimed.
42. The total amount recoverable in any civil action for
5noneconomic damages for personal injury or death, whether in
6tort, contract, or otherwise, against the owner or operator
7of a commercial motor vehicle shall be limited to one million
8dollars, regardless of the number of derivative claims,
9theories of liability, or defendants in the civil action.
10 Sec. 3. Section 668A.1, Code 2021, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 2A. A claim for punitive or exemplary
13damages shall not be included in any initial claim for relief.
14A claim for punitive or exemplary damages may be allowed by
15amendment to the pleadings only after the exchange of initial
16disclosures pursuant to rule 1.500(1) of the Iowa rules of
17civil procedure and after the plaintiff establishes prima facie
18proof of a triable issue. After the plaintiff establishes the
19existence of a triable issue, the court may, in its discretion
20and subject to subsection 3, allow discovery on the issue of
21punitive or exemplary damages as the court deems appropriate.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to tort liability, including employer
26liability for an employee’s tort involving a commercial motor
27vehicle, noneconomic damages available against an owner or
28operator of a commercial motor vehicle, and pleading and
29discovery requirements related to punitive damages.
30The bill provides that an employer’s liability who is a
31defendant in a civil action involving a commercial motor
32vehicle for damages caused by negligence of an employee acting
33within the scope and course of employment shall be based
34on respondeat superior. Upon motion of an employer, and
35notwithstanding Code section 671A.2 (limitations on liability
-2-1protection for negligent hiring), a trial court shall dismiss
2from the action any claim of the employer’s direct negligence
3in hiring, training, supervising, or trusting an employee, or
4other claim of direct negligence on the part of the employer
5for the employee’s harmful conduct, or other similar claims,
6if the employer stipulates that at the time of the event that
7caused the damages that the person whose negligence is the
8basis of the action is the employer’s employee and the employee
9was acting within the course and scope of employment with the
10employer. If an employer makes the stipulation with respect
11to an employee, and the employee’s negligence is found to have
12caused or contributed to causing the damages, the employer
13shall be adjudged vicariously liable for the resulting damages.
14Under current law, an employer is liable for an employee’s
15negligence and may be held responsible for direct negligence
16relating to hiring, training, supervising, trusting an
17employee, or other claims of direct negligence on part of the
18employee’s harmful conduct, subject to certain limitations
19contained in Code chapter 671 (negligent hiring — limitations
20on liability).
21The bill limits the amount of noneconomic damages available
22against the owner or operator of a commercial motor vehicle.
23The bill defines “noneconomic damages” to mean damages arising
24from pain, suffering, inconvenience, physical impairment,
25mental anguish, emotional pain and suffering, loss of chance,
26loss of consortium, or any other nonpecuniary damages and
27“occurrence” to mean the event, incident, or happening, and
28the acts or omissions incident thereto, which proximately
29caused injuries or damages for which recovery is claimed. The
30bill provides that the total amount recoverable in any civil
31action for noneconomic damages for personal injury or death
32against the owner or operator of a commercial motor vehicle
33shall be limited to $1 million for any occurrence regardless
34of the number of derivative claims, theories of liability, or
35defendants in the civil action. Under current law, noneconomic
-3-1damages are unlimited except for suits under Code sections
2123.92 (dramshop liability) and 147.136A (medical malpractice).
3The bill provides that a claim for punitive or exemplary
4damages in an action governed by Code section 668A.1 shall
5not be included in any initial claim for relief. A claim for
6punitive or exemplary damages may be allowed by amendment to
7the pleadings only after the exchange of initial disclosures
8and after the plaintiff establishes prima facie proof of a
9triable issue. After the plaintiff establishes the existence
10of a triable issue of punitive or exemplary damages, the court
11may allow additional discovery on the issue of punitive or
12exemplary damages. Under current law and under the bill, the
13mere allegation or assertion of a claim for punitive damages
14cannot form the basis for discovery of the wealth or ability to
15respond in damages on behalf of the party from whom punitive
16damages are claimed until the claimant has established that
17sufficient admissable evidence exists to support a prima facie
18case establishing, by a preponderance of clear, convincing, and
19satisfactory evidence, that the conduct of the defendant from
20which the claim arose constituted willful and wanton disregard
21for the rights or safety of another.
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