Bills › 89th General Assembly

SSB 1210Died when the session ended · February 17, 2021

SSB 1210

Topics:Courts & civil law

Same legislation: HSB 217

Where it is now

  1. Done: IntroducedFebruary 17, 2021
  2. Done: SubcommitteeFebruary 18, 2021
  3. Stopped: Senate committeeDied when the General Assembly ended
  4. Next: Passes the Senate
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

AI summary Employers would only be responsible for an employee's mistakes if they agree the employee was working at the time, preventing extra lawsuits against the company for how they hired or trained that person. Drivers involved in accidents would have a $750,000 limit on the money they must pay for things like pain and suffering. Additionally, people suing for extra punishment money must provide clear evidence of wrongdoing before they can ask for more information about a defendant's wealth.1

Read the official explanation

This bill relates to tort liability, including employer liability for an employee’s torts, noneconomic damages available against an operator of a motor vehicle, and pleading and discovery requirements related to punitive damages. The bill provides that an employer’s liability who is a defendant in a civil action for damages caused by negligence of an employee acting within the scope and course of employment shall be based on respondent superior. _____ an employee, or other claim of direct negligence on the part of the employer for the employee’s harmful conduct, or other similar claims, if the employer stipulates that at the time of the event that caused the damages that the person whose negligence is the basis of the action is the employer’s employee and the employee was acting within the course and scope of employment with the employer. If an employer makes the stipulation with respect to an employee, and the employee’s negligence is found to have caused or contributed to causing the damages, the employer shall be adjudged vicariously liable for the resulting damages. Under current law, an employer is liable for an employee’s negligence and may be held responsible for direct negligence relating to hiring, training, supervising, trusting an employee, or other claims of direct negligence on part of the employee’s harmful conduct, subject to certain limitations contained in Code chapter 671 (negligent hiring —— limitations on liability. The bill limits the amount of noneconomic damages available against the operator of a motor vehicle. The bill defines “noneconomic damages” to mean damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages and “occurrence” to mean the event, incident, or happening, and the acts or omissions incident thereto, which proximately caused injuries or damages for which recovery is claimed. The bill provides that the total amount recoverable in any civil action for noneconomic damages for personal injury or death against the operator of a motor vehicle shall be limited to $750,000 for any occurrence regardless of the number of plaintiffs, derivative claims, theories of liability, or defendants in the civil action.136A (medical malpractice).1 shall not be included in any initial claim for relief. A claim for punitive or exemplary damages may be allowed by amendment to the pleadings only after the exchange of initial disclosures and after the plaintiff establishes prima facie proof of a triable issue. After the plaintiff establishes the existence of a triable issue of punitive or exemplary damages, the court may allow additional discovery on the issue of punitive or exemplary damages. Under current law and under the bill, the mere allegation or assertion of a claim for punitive damages cannot form the basis for discovery of the wealth or ability to respond in damages on behalf of the party from whom punitive damages are claimed until the claimant has established that sufficient admissable evidence exists to support a prima facie case establishing, by a preponderance of clear, convincing, and satisfactory evidence, that the conduct of the defendant from which the claim arose constituted willful and wanton disregard for the rights or safety of another.

Full bill text2

Senate subcommittee

Named February 18, 2021. Meeting: Thursday, February 25 · 3:00 PM · 217 Conference Room.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Iowa Code it changes

Creates§668.12A§668.15A

Amends§668A.1

How the Code works3

Lobbying

13 for · 4 against · 12 undecided · Who →

Family tree

89th General Assembly

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