IOWA
REFORMS
Year of Enactment
(since 1986)
2004
Appeal Bond Reform: SF 2306 (2004). Limits
the amount a defendant can be required to pay to secure the right to appeal to
$100 million.
2000
Noneconomic Damages Reform: HF 2525 (2000). Prohibits
a motorist, passenger or pedestrian from collecting non-economic damages for
injuries sustained in an auto crash caused during the commission of a felony.
1997
Joint and Several Liability Reform: HF 693 (1997): Iowa Code
Ann. § 668.4. Bars application of the rule of joint and several liability in the recovery of all noneconomic damages, and economic
damages, where a defendant is found to be less than 50% at fault.
Prejudgment Interest Rate Reform: HF
693 (1997). Sets the prejudgment interest rates at
the U.S. Treasury Rate plus 2%.
Product
Liability Reform: Statute of Repose: HF 693 (1997). Establishes a 15‑year statute of
repose for product liability lawsuits not involving fraud, concealment, latent
diseases caused by harmful materials, or specified products.
1987
Collateral Source Rule Reform: SF 482 (1987).
Permits the
admissibility of evidence of collateral source payments.
Prejudgment Interest Rate Reform: SF 482 (1987). Prohibits
the assessment of prejudgment interest for future damages. (Other interest accrues from the date of
commencement of the actions at a rate based on the U.S. Treasury Bill.)
Punitive
Damages Reform: SF 482 (1987). Requires a plaintiff to show by a
“preponderance of clear, convincing, and satisfactory evidence that the conduct
of the defendant from which the claim constituted willful and wanton disregard
for the rights or safety of another.”
1986
Frivolous Lawsuit Sanction: SB 2265
(1986). Allows a court to assess
penalties for frivolous lawsuits or deceptive tactics.
Periodic Payment of Future Damages: SB 2265
(1986): Iowa Code Ann. § 668.3(7). Allows
a court to order the periodic payment of future damages, unless it would be
inequitable or there are insufficient guarantees of future collectability.
Punitive Damages Reform: SB 2265 (1986): Iowa Code
Ann. § 668A.1. Requires
a plaintiff to show that a defendant acted with “willful and wanton disregard
for the rights and safety of another.”
(In 1987 the evidence standard was elevated to “clear,
convincing, and satisfactory” evidence.)
Requires 75% or more of all punitive damages awards to
be paid to the State Civil Reparations Trust Fund. The statute
directing 75% of punitive damages awards to a civil reparation trust fund did
not violate the equal protection or due process clauses of the State or Federal
Constitutions. Shepherd
Components, Inc. v. Brice Petrides-Donohue &
Associates, Inc., 473 N.W.2d 612 (Iowa 1991).
Other
Reforms
Medical Liability Reform: Contingent Fee Reform:
Iowa Code Ann. § 147.138. Provides that a court in medical liability
cases “shall determine” the reasonableness of the contingency fee.
Medical Liability Reform: Collateral Source Rule
Reform: Iowa Code Ann. § 147.136. Provides for awards in medical
liability cases to be offset by collateral
sources. The
failure of the statute abrogating the collateral source rule in specified
situations involving medical and hospital malpractice claims to distinguish
between insured and self-insured institutions did not violate the equal
protection clause of the Federal Constitution.
Lambert v. Sisters of Mercy Health Corp., 369 N.W.2d
417 (Iowa 1985).
