Bill > LB79

This bill provides a legal mechanism for dismissing certain claims of direct negligence in civil actions involving commercial motor vehicles (CMVs). Specifically, if a defendant (such as a trucking company) can demonstrate that the negligence causing damages was committed by an employee or independent contractor who was acting within the scope of their employment, the court shall dismiss direct negligence claims against the defendant. If the employee's or contractor's negligence is ultimately found to have caused the damages, the defendant's liability will be determined exclusively under the legal doctrine of respondeat superior, which holds employers legally responsible for their employees' actions performed within the scope of their job. The bill defines a commercial motor vehicle according to existing state law (section 60-316), which typically refers to large trucks or vehicles requiring a commercial driver's license. This legislation appears aimed at providing a more streamlined approach to determining liability in civil cases involving commercial vehicles by focusing on the employer's vicarious liability rather than direct negligence.

Justice

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59069