Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB613 Compare Versions

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1	1	LRB-4847/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 613
5	5	November 7, 2023 - Introduced by Senator TOMCZYK, cosponsored by
6	6	Representatives GUNDRUM, SPIROS, ARMSTRONG, CALLAHAN, DONOVAN,
7	7	RETTINGER and DALLMAN. Referred to Committee on Judiciary and Public
8	8	Safety.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 895.30 of the statutes; relating to: limiting the recovery of
11	11	noneconomic damages from a commercial motor vehicle carrier.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill limits the total amount of noneconomic damages, such as pain and
14	14	suffering, that a person may recover from a commercial motor vehicle carrier for
15	15	injury, death, or other loss resulting from an act or omission by an employee of the
16	16	commercial motor vehicle carrier while acting within the scope of employment to
17	17	$1,000,000.
18	18	The people of the state of Wisconsin, represented in senate and assembly, do
19	19	enact as follows:
20	20	SECTION 1. 895.30 of the statutes is created to read:
21	21	895.30 Claims against commercial motor vehicle carriers; limitation
22	22	of damages. (1) In this section:
23	23	(a) “Commercial motor vehicle” means a motor vehicle designed or used to
24	24	transport property and having one or more of the characteristics described under s.
25	25	340.01 (8) (a), (b), or (d).
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35	35	SECTION 1 SENATE BILL 613
36	36	(b) “Commercial motor vehicle carrier" means any person that transports
37	37	property by commercial motor vehicle upon the public highways.
38	38	(2) The total noneconomic damages a person may recover from a commercial
39	39	motor vehicle carrier in a civil action founded on tort for injury, death, or other loss
40	40	resulting from an act or omission by an employee of the commercial motor vehicle
41	41	carrier while acting within the scope of employment may not exceed $1,000,000.
42	42	(3) A court in an action tried without a jury shall make a finding as to
43	43	noneconomic damages without regard to the limit under sub. (2). If the court finds
44	44	that noneconomic damages exceed the limit, the court shall make any reduction
45	45	required under s. 895.045 and shall award as noneconomic damages the lesser of the
46	46	reduced amount or the limit. If an action is before a jury, the jury shall make a finding
47	47	as to noneconomic damages without regard to the limit under sub. (2). If the jury
48	48	finds that noneconomic damages exceed the limit, the jury shall make any reduction
49	49	required under s. 895.045, and the court shall award as noneconomic damages the
50	50	lesser of the reduced amount or the limit.
51	51	SECTION 2.0Initial applicability.
52	52	(1) This act first applies to an act or omission that occurs on the effective date
53	53	of this subsection.
54	54	(END)
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