SB 218-1_ Filed 04/28/2005, 14:36
Adopted 4/29/2005
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 218
Citations Affected: IC 9-19-10-7; IC 34-51-2-1.5; IC 34-51-2-11.
Synopsis: Safety belts. Provides that evidence of failure to comply with the laws concerning
safety belt use may be admitted as evidence in a civil action to reduce damages for injury to a
person who is at least 15 years of age at the time of the accident, and may limit the liability of an
insurer. Provides that the defendant has the burden of establishing that use of a safety belt would
have reduced injuries. Provides that if evidence that the plaintiff failed to comply with the laws
concerning seat belt safety is admitted in a civil action, a court shall admit evidence that: (1) a
driver who is a defendant was intoxicated at the time of the accident; or (2) a defendant caused
or contributed to the accident in violation of Indiana law. Requires certain expert testimony to
establish that a plaintiff failed to comply with the safety belt law. Requires a defendant to plead
an affirmative defense if the defendant asserts that a plaintiff failed to comply with the safety belt
law. Permits damages to be reduced by not more than 4% arising from a cause of action involving
an accident in which a plaintiff failed to comply with the safety belt law. Requires a court to issue
certain instructions to a jury concerning damage reductions and to furnish a specific jury form
if evidence was submitted to the jury to prove that a plaintiff failed to comply with the safety belt
law. (This conference committee report adds provisions: (1) requiring certain expert
testimony to establish that a plaintiff failed to comply with the safety belt law; (2) requiring
a court to admit certain evidence submitted to the court if the court has admitted evidence
that a plaintiff failed to comply with the safety belt law; (3) requiring a defendant to plead
an affirmative defense if the defendant asserts that a plaintiff failed to comply with the
safety belt law; (4) permitting damages to be reduced by not more than 4% arising from
a cause of action involving an accident in which a plaintiff failed to comply with the safety
belt law; (5) requiring a court to issue certain instructions to a jury concerning damage
reductions and to furnish a specific jury form if evidence was submitted to a jury to prove
that a plaintiff failed to comply with the safety belt law.)
Effective: July 1, 2005.
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Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 218 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 9-19-10-7; (05)CC021805.1. -->
SECTION 1. IC 9-19-10-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) Failure to comply
with section 1, 2 3, or 4 of this chapter does not constitute fault under
IC 34-51-2 and does not limit the liability of an insurer.
(b) Except as provided in subsection (c), (a) Evidence of: the
(1) failure to comply with section 1, 2 3, or 4 of this chapter may
not be admitted in a civil action to mitigate reduce damages for
injury to a person who is at least fifteen (15) years of age at the
time of the accident; and
(2) (c) Evidence of a failure to comply with this chapter may be
admitted in a civil action as to mitigation of damages in a product
liability action involving a motor vehicle restraint or supplemental
restraint system.
(b) The defendant in such an action described in subsection (a)(1)
has the burden of proving:
(1) noncompliance with section 2 of this chapter; and
(2) that compliance with section 2 of this chapter would have
reduced injuries; and
(3) the extent of the reduction.
(c) The defendant in an action described in subsection (a)(2) has
the burden of proving:
(1) noncompliance with this chapter;
(2) that compliance with this chapter would have reduced
injuries; and
(3) the extent of the reduction.
(d) In order to meet the burden of proof described in subsection
(b), the defendant shall introduce expert testimony to:
(1) prove that compliance would have reduced injuries; and
(2) prove the extent of the reduction in damages.
(e) A defendant may establish a plaintiff's noncompliance with
section 2 of this chapter with:
(1) evidence from:
(A) an eyewitness;
(B) an expert witness; or
(2) an admission from the plaintiff.
(f) If a defendant asserts that a plaintiff failed to comply with
section 2 of this chapter, the defendant must plead as an
affirmative defense that the plaintiff failed to comply with section
2 of this chapter in a responsive pleading in the manner required
by the Indiana Rules of Trial Procedure.
(g) If a court admits evidence that a plaintiff failed to comply
with section 2 of this chapter and evidence had been submitted to
the court that a driver who is a defendant was intoxicated (as
defined in IC 9-13-2-86) at the time the accident occurred, the court
shall admit evidence of the driver's intoxication.
(h) If a court admits evidence that a plaintiff failed to comply
with section 2 of this chapter and evidence has been submitted to
the court that a defendant caused or contributed to the accident in
violation of an Indiana law, the court shall admit evidence of the
defendant's violation of Indiana law.
(i) Damages described in subsection (a)(1) may not be reduced
more than four percent (4%) for failing to comply with section 2 of
this chapter. This subsection does not apply to damages described
in subsection (a)(2).
(j) Neither the failure to comply with section 2 of this chapter nor
a reduction of damages under this section for the failure to comply
with section 2 of this chapter constitutes fault under IC 34-51-2.
(k) If a court admits evidence of a plaintiff's failure to comply
with section 2 of this chapter:
(1) the court shall instruct the jury that the maximum amount
that damages may be reduced is four percent (4%);
(2) the court shall require the jury to determine the percentage
that the plaintiff's damages are reduced separate from the
determination of fault, if any, that the jury attributes to the
plaintiff under IC 34-51-2; and
(3) the court shall instruct the jury to determine its verdict in
accordance with IC 34-51-2-7 and IC 34-51-2-8.
SOURCE: IC 34-51-2-1.5; (05)CC021805.2. -->
SECTION 2. IC 34-51-2-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Sec. 1.5. In an action to determine liability in which
a court admits evidence of a plaintiff's failure to comply with
IC 9-19-10-2, the court shall instruct the jury to determine its
verdict in accordance with sections 7 and 8 of this chapter.
SOURCE: IC 34-51-2-11; (05)CC021805.3. -->
SECTION 3. IC 34-51-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. The court shall
furnish to the jury forms of verdicts that require only the disclosure of:
(1) the percentage of fault charged against each party and nonparty;
and
(2) the amount of the verdict against each defendant; and
(3) the percentage that a plaintiff's damages are reduced if
evidence was submitted to a jury to prove that the plaintiff
failed to comply with IC 9-19-10-2.
If the evidence in the action is sufficient to support the charging of fault
to a nonparty, the form of verdict also shall require a disclosure of the
name of the nonparty and the percentage of fault charged to the
nonparty.
SOURCE: ; (05)CC021805.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2005]
IC 9-19-10-7, as
amended by this act, applies only to causes of action arising after
June 30, 2005
(Reference is to ESB 218 as reprinted March 29, 2005.)
Conference Committee Report
on
Engrossed Senate Bill 218
Text Box
S
igned by:
____________________________ ____________________________
Senator NugentRepresentative Whetstone
Chairperson
____________________________ ____________________________
Senator HowardRepresentative Kuzman
Senate Conferees House Conferees