1. In a trial of a claim involving the request for punitive or exemplary damages, the court
shall instruct the jury to answer special interrogatories or, if there is no jury, shall make
findings, indicating all of the following:
a. Whether, by a preponderance of clear, convincing, and satisfactory evidence, the
conduct of the defendant from which the claim arose constituted willful and wanton
disregard for the rights or safety of another.
b. Whether the conduct of the defendant was directed specifically at the claimant, or at
the person from which the claimant’s claim is derived.
2. An award for punitive or exemplary damages shall not be made unless the answer or
finding pursuant to subsection 1, paragraph “a”, is affirmative. If such answer or finding is
affirmative, the jury, or court if there is no jury, shall fix the amount of punitive or exemplary
damages to be awarded, and such damages shall be ordered paid as follows:
a. If the answer or finding pursuant to subsection 1, paragraph “b”, is affirmative, or if
the claim is against any physician and surgeon, osteopathic physician and surgeon, dentist,
podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse,
licensed under chapter 147, or a hospital licensed under chapter 135B, arising out of patient
care, or if the claim is part of a civil action involving the operation of a commercial motor
vehicle, then the full amount of the punitive or exemplary damages awarded shall be paid
to the claimant.
b. If the answer or finding pursuant to subsection 1, paragraph “b”, is negative, and if the
claim is not against any physician and surgeon, osteopathic physician and surgeon, dentist,
podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse,
licensed under chapter 147, or a hospital licensed under chapter 135B, arising out of patient
care, and if the claim is not part of a civil action involving the operation of a commercial
motor vehicle, then after payment of all applicable costs and fees, an amount not to exceed
twenty-five percent of the punitive or exemplary damages awarded may be ordered paid to
the claimant, with the remainder of the award to be ordered paid into a civil reparations trust
fund administered by the state court administrator. Funds placed in the civil reparations trust
shall be under the control and supervision of the executive council, and shall be disbursed
only for purposes of indigent civil litigation programs or insurance assistance programs.
3. The mere allegation or assertion of a claim for punitive damages shall not form the basis
for discovery of the wealth or ability to respond in damages on behalf of the party from whom
punitive damages are claimed until such time as the claimant has established that sufficient
admissible evidence exists to support a prima facie case establishing the requirements of
subsection 1, paragraph “a”.
86 Acts, ch 1211, §42; 87 Acts, ch 157, §10; 2023 Acts, ch 4, §4 – 6; 2023 Acts, ch 84, §3
2023 amendment to subsection 2, paragraphs a and b, by 2023 Acts, ch 4, applies to causes of action accrued on or after February 16,
2023; 2023 Acts, ch 4, §6\n\nTue Dec 09 21:57:35 2025 Iowa Code 2026, Chapter 668A (17, 0)
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Notes of Decisions
BMW of North Am., Inc. v. Gore, 517 U.S. 559 (1996).
“ Iowa Iowa Code § 668A.1(2)(b) (1987) (in described circumstances, allocates 75% of punitive damages, after payment of costs and counsel fees, to a civil reparations trust fund); see Shepherd Components, Inc.”
Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually & in His Off. Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually & in Her Off. Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually & in His Off. Capacity Brenna Findley, Legal Couns. to the Governor of The, 898 N.W.2d 844 (Iowa 2017).
“Let’s assume that a plaintiff could demonstrate that the defendant’s actions “constituted willful and wanton disregard,” Iowa Code § 668A.1(1)(a), but not that the conduct was “directed specifically at the claimant, or at the person from which the claimant’s claim is derived.”
Holt v. Quality Egg, L.L.C., 777 F. Supp. 2d 1160 (N.D. Iowa 2011).
· cites it 5× “As such, the plaintiffs are entitled to an award of punitive damages pursuant to Iowa Code § 668A.1 and Iowa law. 39. At all times relevant hereto, the defendant willfully and wantonly operated its egg production facilities with disregard for the potential contamination of its…”
In Re Jacobs, 300 S.W.3d 35 (Tex. App. 2009).
· cites it 2× “, CHCA Woman's Hospital, L.P. d/b/a Woman's Hospital of Texas, Houston Woman's Hospital Partner, L.”
Smith v. Printup, 866 P.2d 985 (Kan. 1993).
· cites it 2× “Iowa (Iowa Code § 668A.1[2][b] [1993]) 5. Missouri ( Mo.”
Fell v. Kewanee Farm Equip. Co., 457 N.W.2d 911 (Iowa 1990).
· cites it 2× “" Iowa Code § 668A.1. One noted commentator defines willful and wanton conduct this way: [T]he actor has intentionally done an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow, and…”
Mercer v. Pittway Corp., 616 N.W.2d 602 (Iowa 2000).
· cites it 2× “2d 132, 142 (Iowa 1996) (citing Iowa Code § 668A.1(1)(a)). We have approved the following definition of “willful and wanton” conduct for section 668A.”
Schlegel v. Ottumwa Courier, 585 N.W.2d 217 (Iowa 1998).
· cites it 2× “See Iowa Code § 668A.1 (providing that if defendant’s conduct is not specifically directed at the plaintiff, seventy-five percent of the award is to be paid to the state).”
— Iowa Code § 668A.1(1) — 3 cases
— Iowa Code § 668A.1(1)(a) — 36 cases
Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually & in His Off. Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually & in Her Off. Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually & in His Off. Capacity Brenna Findley, Legal Couns. to the Governor of The, 898 N.W.2d 844 (Iowa 2017).
“Let’s assume that a plaintiff could demonstrate that the defendant’s actions “constituted willful and wanton disregard,” Iowa Code § 668A.1(1)(a), but not that the conduct was “directed specifically at the claimant, or at the person from which the claimant’s claim is derived.”
Mercer v. Pittway Corp., 616 N.W.2d 602 (Iowa 2000).
“2d 132, 142 (Iowa 1996) (citing Iowa Code § 668A.1(1)(a)). We have approved the following definition of “willful and wanton” conduct for section 668A.”
— Iowa Code § 668A.1(2) — 6 cases
— Iowa Code § 668A.1(2)(a) — 1 case
— Iowa Code § 668A.1(2)(b) — 8 cases
BMW of North Am., Inc. v. Gore, 517 U.S. 559 (1996).
“ Iowa Iowa Code § 668A.1(2)(b) (1987) (in described circumstances, allocates 75% of punitive damages, after payment of costs and counsel fees, to a civil reparations trust fund); see Shepherd Components, Inc.”
Smith v. Printup, 866 P.2d 985 (Kan. 1993).
“Iowa (Iowa Code § 668A.1[2][b] [1993]) 5. Missouri ( Mo.”
— Iowa Code § 668A.1(3) — 4 cases
— Iowa Code § 668A.1(a) — 3 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.