116 3rd St SE
Cedar Rapids, Iowa 52401
Capitol Notebook: New Iowa law limits pain and suffering in trucking crash lawsuits
Also, Latham has been appointed chief judge for 7th Judicial District
Iowans killed or severely injured after being struck by a commercial vehicle like a semi-trailer truck would be limited to receiving $5 million per plaintiff for pain and suffering under a new law that grants Iowa's trucking industry new legal protections.
Gov. Kim Reynolds on Friday signed into law Senate File 228, which caps non-economic damages at $5 million in lawsuits involving commercial vehicles and provides limited liabilities for employers in those lawsuits. The bill includes an inflation adjustment for the cap every two years, beginning in 2028.
The new law does limit economic damages, such as compensation for lost wages or medical expenses, and all punitive damages go to the plaintiff.
The cap is waived if a court finds the driver:
- Was driving under the influence of drugs or alcohol
- Refuses to submit to chemical testing
- Was also committing a felony
- Was involved in manufacturing/distributing controlled substances
- Did not have a proper commercial driver’s license
- Was driving a vehicle involved in human trafficking
- Was driving recklessly
- Was using a mobile phone, computer, tablet or other device while driving in violation of state or local law
- Was speeding more than 15 mph
The cap does not apply to vehicles that don’t require a commercial driver’s license or to commercial passenger vehicles.
Companies also could not be sued for negligence in hiring a truck driver who is involved in a crash, but employers still could be sued for direct negligence in supervising, training or trusting an employee.
Business groups and supporters from the trucking and insurance industries — including Cedar Rapids-based trucking company CRST — have said the bill is intended to prevent so-called “nuclear” verdicts, which have been seen in other states granting tens or hundreds of millions of dollars to plaintiffs in wrongful death or injury lawsuits.
Proponents add that it will bring certainty to the insurance market for Iowa trucking companies, bringing down rates and spurring economic activity.
Opponents, including Democrats and trial lawyers, have said the bill would remove Iowans’ right to a trial by jury to fairly judge how much a person should be compensated for life-altering accidents.
New Iowa chief judge appointed
Iowa Chief Justice Susan Christensen has appointed District Court Judge Henry Latham of Eldridge as chief judge of the 7th Judicial District.
Latham succeeds Marlita Greve, who is stepping down as chief judge but will remain a district court judge.
Latham will supervise all judicial officers and court employees in the district, which covers Cedar, Clinton, Jackson, Muscatine and Scott counties.
He also will set the times and places of holding court, designate presiding judges and serve on the judicial council, which advises the Iowa Supreme Court on administrative matters affecting the trial courts. In addition, he will continue to preside over cases.
A total of 57,953 cases were filed in the 7th Judicial District last year.
The district has 12 district judges, six district associate judges, three senior judges, 19 part-time magistrates and 137 employees, with an operating budget of around $16 million.
Gazette-Lee Des Moines Bureau
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