Iowa Code 686B.7 – Procedures — limitation
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1. Evidence relating to the prima facie showings required under this chapter shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment, and shall not be conclusive as to the liability of any defendant.
Terms Used In Iowa Code 686B.7
- Asbestos: means the same as defined in section 686A. See Iowa Code 686B.2
- Asbestos action: means the same as defined in section 686A. See Iowa Code 686B.2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Exposed person: means a person whose exposure to asbestos or silica or to asbestos-containing products or silica-containing products is the basis for an asbestos action or silica action. See Iowa Code 686B.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Silica: means a respirable crystalline form of silicon dioxide, including quartz, cristobalite, and tridymite. See Iowa Code 686B.2
- Silica action: means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on, or related to the health effects of exposure to silica, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance, and any other derivative claim made by or on behalf of a person exposed to silica or a representative, spouse, parent, child, or other relative of that person. See Iowa Code 686B.2
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. No evidence shall be offered at trial, and the jury shall not be informed, of any of the following:
a. The grant or denial of a motion to dismiss an asbestos action or silica action under the provisions of this chapter.
b. The provisions of this chapter with respect to what constitutes a prima facie showing of asbestos-related impairment or silica-related impairment.
3. Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, an asbestos action or silica action shall not be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one of the parties and for good cause shown.
4. a. A court may consolidate for trial any number and type of asbestos actions or silica actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions or silica actions relating to the exposed person and members of that person’s household.
b. This subsection does not preclude the consolidation of cases by court order for pretrial or discovery purposes.
5. A defendant in an asbestos action or silica action shall not be liable for exposures from a product or component part made or sold by a third party.