Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB647 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 647
5	5	November 8, 2023 - Introduced by Representatives GUNDRUM, SPIROS, ARMSTRONG,
6	6	CALLAHAN, DONOVAN, RETTINGER, DALLMAN and KURTZ, cosponsored by Senator
7	7	TOMCZYK. Referred to Committee on Transportation.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 895.30 of the statutes; relating to: limiting the recovery of
10	10	noneconomic damages from a commercial motor vehicle carrier.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill limits the total amount of noneconomic damages, such as pain and
13	13	suffering, that a person may recover from a commercial motor vehicle carrier for
14	14	injury, death, or other loss resulting from an act or omission by an employee of the
15	15	commercial motor vehicle carrier while acting within the scope of employment to
16	16	$1,000,000.
17	17	The people of the state of Wisconsin, represented in senate and assembly, do
18	18	enact as follows:
19	19	SECTION 1. 895.30 of the statutes is created to read:
20	20	895.30 Claims against commercial motor vehicle carriers; limitation
21	21	of damages. (1) In this section:
22	22	(a) “Commercial motor vehicle” means a motor vehicle designed or used to
23	23	transport property and having one or more of the characteristics described under s.
24	24	340.01 (8) (a), (b), or (d).
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32	32	8 - 2 -2023 - 2024 Legislature LRB-3116/1
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34	34	SECTION 1 ASSEMBLY BILL 647
35	35	(b) “Commercial motor vehicle carrier" means any person that transports
36	36	property by commercial motor vehicle upon the public highways.
37	37	(2) The total noneconomic damages a person may recover from a commercial
38	38	motor vehicle carrier in a civil action founded on tort for injury, death, or other loss
39	39	resulting from an act or omission by an employee of the commercial motor vehicle
40	40	carrier while acting within the scope of employment may not exceed $1,000,000.
41	41	(3) A court in an action tried without a jury shall make a finding as to
42	42	noneconomic damages without regard to the limit under sub. (2). If the court finds
43	43	that noneconomic damages exceed the limit, the court shall make any reduction
44	44	required under s. 895.045 and shall award as noneconomic damages the lesser of the
45	45	reduced amount or the limit. If an action is before a jury, the jury shall make a finding
46	46	as to noneconomic damages without regard to the limit under sub. (2). If the jury
47	47	finds that noneconomic damages exceed the limit, the jury shall make any reduction
48	48	required under s. 895.045, and the court shall award as noneconomic damages the
49	49	lesser of the reduced amount or the limit.
50	50	SECTION 2.0Initial applicability.
51	51	(1) This act first applies to an act or omission that occurs on the effective date
52	52	of this subsection.
53	53	(END)
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