HF 1076

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; clarifying admissibility of 
  1.3             evidence regarding seat belts and child passenger 
  1.4             restraint systems in certain actions; amending 
  1.5             Minnesota Statutes 1996, section 169.685, subdivision 
  1.6             4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 169.685, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [ADMISSIBILITY INTO EVIDENCE.] (a) Except as 
  1.11  provided in paragraph (b), proof of the use or failure to use 
  1.12  seat belts or a child passenger restraint system as described in 
  1.13  subdivision 5, or proof of the installation or failure of 
  1.14  installation of seat belts or a child passenger restraint system 
  1.15  as described in subdivision 5 shall not be admissible in 
  1.16  evidence in any litigation involving personal injuries or 
  1.17  property damage resulting from the use or operation of any motor 
  1.18  vehicle. 
  1.19     (b) Paragraph (a) does not affect the right of a person to 
  1.20  bring an action for damages against a dealer, manufacturer, 
  1.21  distributor, seller, or other person arising out of an incident 
  1.22  that involves a defectively designed, manufactured, installed, 
  1.23  or operating seat belt or child passenger restraint system.  
  1.24  Paragraph (a) does not prohibit the introduction of evidence 
  1.25  pertaining to the use of a seat belt or child passenger 
  1.26  restraint system in that action. 
  2.1      (c) In a civil action described in paragraph (b) in which 
  2.2   two or more parties are named as joint tortfeasors, interpleaded 
  2.3   as defendants, or impleaded as defendants, and one or more of 
  2.4   the joint tortfeasors or defendants was not involved in the 
  2.5   design, manufacture, installation, supplying, or repair of the 
  2.6   seat belt or child passenger restraint system, the court shall 
  2.7   order separate trials to accomplish the ends of justice on a 
  2.8   motion of any party. 
  2.9      Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.10     Section 1 is effective the day following final enactment 
  2.11  and applies to actions pending on or commenced on or after the 
  2.12  effective date.