SSB 1238

This bill relates to tort liability, including employer liability for an employee’s tort involving a commercial motor vehicle, noneconomic damages available against an owner or operator of a commercial 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 involving a commercial motor vehicle for damages caused by negligence of an employee acting within the scope and course of employment shall be based on respondeat superior. _____ protection for negligent hiring), a trial court shall dismiss from the action any claim of the employer’s direct negligence in hiring, training, supervising, or trusting 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 owner or operator of a commercial 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 owner or operator of a commercial motor vehicle shall be limited to $1 million for any occurrence regardless of the number of 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.