LRB-3116/1
KRP:cjs
2023 - 2024 LEGISLATURE
November 8, 2023 - Introduced by Representatives Gundrum, Spiros, Armstrong,
Callahan, Donovan, Rettinger, Dallman and Kurtz, cosponsored by Senator
Tomczyk. Referred to Committee on Transportation.
AB647,1,2
1An Act to create 895.30 of the statutes;
relating to: limiting the recovery of
2noneconomic damages from a commercial motor vehicle carrier.
Analysis by the Legislative Reference Bureau
This bill limits the total amount of noneconomic damages, such as pain and
suffering, that a person may recover from a commercial motor vehicle carrier for
injury, death, or other loss resulting from an act or omission by an employee of the
commercial motor vehicle carrier while acting within the scope of employment to
$1,000,000.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB647,1
3Section
1. 895.30 of the statutes is created to read:
AB647,1,5
4895.30 Claims against commercial motor vehicle carriers; limitation
5of damages. (1) In this section:
AB647,1,86
(a) “Commercial motor vehicle” means a motor vehicle designed or used to
7transport property and having one or more of the characteristics described under s.
8340.01 (8) (a), (b), or (d).
AB647,2,2
1(b) “Commercial motor vehicle carrier" means any person that transports
2property by commercial motor vehicle upon the public highways.
AB647,2,6
3(2) The total noneconomic damages a person may recover from a commercial
4motor vehicle carrier in a civil action founded on tort for injury, death, or other loss
5resulting from an act or omission by an employee of the commercial motor vehicle
6carrier while acting within the scope of employment may not exceed $1,000,000.
AB647,2,15
7(3) A court in an action tried without a jury shall make a finding as to
8noneconomic damages without regard to the limit under sub. (2). If the court finds
9that noneconomic damages exceed the limit, the court shall make any reduction
10required under s. 895.045 and shall award as noneconomic damages the lesser of the
11reduced amount or the limit. If an action is before a jury, the jury shall make a finding
12as to noneconomic damages without regard to the limit under sub. (2). If the jury
13finds that noneconomic damages exceed the limit, the jury shall make any reduction
14required under s. 895.045, and the court shall award as noneconomic damages the
15lesser of the reduced amount or the limit.
AB647,2
16Section
2.
Initial applicability.
AB647,2,1817
(1) This act first applies to an act or omission that occurs on the effective date
18of this subsection.
