The Senate Judiciary Committee heard SB 324 authored by Sen. Glick on torts involving commercial trucking industry. The bill creates a procedure to bifurcate a trial of a civil action filed against the operator of a commercial motor vehicle and the employer of the operator or the owner of the commercial motor vehicle involved in a motor vehicle accident. The bill requires certain defendants to file a motion to bifurcate within a specified time and provides that certain evidence may be presented in the first phase of a bifurcated trial. The bill also allows a plaintiff to pursue punitive damages in the second phase of a bifurcated trial.
On February 1, 2023, individuals representing the following organizations: Horizon Trucking, Quality Drive Way, Transport U.S. and the American Trucking Association testified in support of the bill. Scott Faultless, an attorney on behalf of the Indiana Trial Lawyers Association testified against the bill.
On February 8, 2023, the committee voted to amend the bill to include more people under the bill, including independent contractors, who are in the chain of operating a commercial vehicle. The amendment failed 5-6. The bill failed 5-6.
Read the bill at https://iga.in.gov/legislative/2023/bills/senate/324