Two Midwestern states could soon take up consideration of legislation that would revise one-year-old rules on pain-and-suffering damages related to incidents involving large trucks.
Illinois
Near the end of the 2023 regular session in Illinois, one tort bill received a last-minute boost through the statehouse to beat the deadline to advance to the governor’s desk.
Gov. J.B. Pritzker followed suit and enacted a new law to permit juries to grant unlimited non-economic, or pain-and-suffering, damages in wrongful death lawsuits.
The Wrongful Death Act was amended to allow civil litigants to receive punitive (pain-and-suffering) damages. Punitive damages also are permitted for people who survive.
Shortly after the legislation completed its four-day trek through both statehouse chambers, Todd Spencer, president and CEO of the Owner-Operator Independent Drivers Association, was hopeful the governor would see the harm the legislation would do in the state and veto it.
“It is hard to imagine a more ill-advised piece of legislation that benefits no one other than trial lawyers,” Spencer told Land Line at the time.
Pritzker acted in August to put the changes into law.
OOIDA is not alone in its opposition to the revisions. There are 24 opponents of the legislation listed online, including the Illinois Trucking Association and the Mid-West Truckers Association Inc.
House Bill 4992
Rep. Ryan Spain, R-Peoria, is behind a pursuit to remove the provision in statute that permits unlimited pain and suffering damages.
His bill, HB4992, would cap non-economic damages in a civil action against a common carrier at up to $2 million per plaintiff.
Spain wrote in the bill that Illinois is a transportation and logistics hub of interstate commerce in the U.S.
“To preserve Illinois’ ability to maintain this status, it is the intent of this (bill) to preserve the economic health and strength of the industries that help make this possible,” he said.
The bill is in the House Rules Committee.
OOIDA encourages Illinois members to contact their state lawmakers and ask that they support this tort liability bill – HB4992.
Iowa
Across the state line in Iowa, legislation introduced also revisits a year-old rule on pain suffering damages in lawsuits involving commercial vehicles.
In 2023, Iowa lawmakers acted to address nuclear verdicts in lawsuits that result from crashes with large trucks.
Nuclear verdicts often are described as ones where juries award exorbitant amounts for pain-and-suffering claims.
OOIDA welcomed the new rule to cap pain-and-suffering damages in lawsuits from crashes with heavy-duty trucks at $5 million.
While this limits non-economic damages – including for pain and suffering, mental anguish, inconvenience or loss of opportunity – economic damages are not limited. These include compensation for lost wages or medical expenses. Punitive damages, if awarded, also are not limited.
Senate File 2224
One Senate bill would reverse course on changes enacted a year ago.
Sponsored by Sen. Molly Donahue, D-Cedar Rapids, SF2224 covers tort liability in civil actions involving large trucks, including employer liability, non-economic damages, punitive damages and exemplary damages.
The bill calls for doing away with the state’s respondent superior law. Specifically, an employer would be made liable for an employee’s negligence.
There is also the possibility an employer could be held responsible for direct negligence related to hiring, training, supervising or trusting an employee.
The $5 million cap on non-economic damages that was set a year ago also would be removed.
Doug Morris, OOIDA director of state government affairs, said the legislation amounts to “nothing more than a money grab by the plaintiff’s bar so they can obtain larger verdicts and settlements in Iowa.”
Morris drew attention to statute that provides there is no liability for negligent hiring in actions involving commercial vehicles as long as the employer stipulates that the driver was in the course and scope of employment.
He noted that if the rule were repealed, defending truck cases in Iowa would become far more difficult and costly.
“Not only would it be necessary to defend the actions of the driver but also the hiring practices of the employer, which gives plaintiff attorneys several more bites at the apple,” he said.
SF2224 is in the Senate Transportation Subcommittee.
OOIDA urges Iowa members to contact their state lawmakers and ask that they vigorously oppose this tort liability bill. LL
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