§ 668-12a

668.12A No liability for negligent hiring in actions involving commercial motor vehicles. 1. In any civil action involving the operation of a commercial motor vehicle requiring a commercial driver’s license, there shall not be civil liability for damages for an employer’snegligent hiring of an employee if all of the following apply: a. The employer complies with subsection 2.b. The employee’s actions that caused the claimant damage are within the course and scope of the employee’s employment. 2. On motion of an employer who is a defendant in a civil action involving the operation of a commercial motor vehicle requiring a commercial driver’s license, a trial court shall dismissfrom the civil action any claim of the employer’s direct negligence in hiring the employeedriver, if the employer stipulates that at the time of the event that caused the damages thatare the subject of the civil action all of the following are true: a. The person whose negligence is alleged to have caused the damages was the employer’s employee. b. The person whose negligence is alleged to have caused the damages was acting within the course and scope of employment with the employer. 3.

to have caused the damages was the employer’s employee. b. The person whose negligence is alleged to have caused the damages was acting within the course and scope of employment with the employer. 3. If an employer makes the stipulations in subsection 2 with respect to an employee, and the employee’s negligence is found to have caused or contributed to causing the damages, theemployer’s liability for negligent hiring shall be adjudged solely on the basis of respondeatsuperior. 4. As used in this section:a. 'Commercial motor vehicle' means as defined in section 321.1, subsection 11, paragraph 'f', subparagraphs (1), (2), and (4), and also includes a glider kit vehicle asdefined in section 321.1, subsection 28A; a road tractor as defined in section 321.1, subsection64A; a towing or recovery vehicle as defined in section 321.1, subsection 83A; and a trucktractor as defined in section 321.1, subsection 88. b. 'Operation' means actual physical control of a commercial motor vehicle upon a highway as defined in section 321.1. 2023 Acts, ch 84, §1NEW section Sat Dec 23 12:24:09 2023 Iowa Code 2024, Section 668.12A (0, 0)