1. In any civil action involving the operation of a commercial motor vehicle requiring a commercial driver’s license, there shall not be civil liability for damages for an employer’s negligent hiring of an employee ifall of the following apply: a. The employer complies with subsection 2. b. The employee’s actions that caused the claimant damage are within the course and scope of the employee’s employment. 2. On motion of an employer who isa defendant ina civil action involving the operation of acommercial motor vehicle requiring a commercial driver’s license, atrial court shall dismiss from the civilaction any claim of the employer’s direct negligence in hiring the employee driver, ifthe employer stipulates that at the time of the event that caused the damages that are the subject of the civil action allof the following are true: a. The person whose negligenceis alleged tohave caused the damages was the employer’s employee. b. The person whose negligence isalleged to have caused the damages was acting within the course and scope of employment with the employer. 3. If an employer makes the stipulations in subsection 2 with respect to an employee, and the employee’s negligence isfound tohave caused or contributed to causing the damages, the employer’s liability for negligent hiring shall be adjudged solely on the basis of respondeat superior. 4. As used in this section: a. “Commercial motor vehicle” means as defined in section 321.1, subsection 11, paragraph “f”, subparagraphs (1), (2), and (4), and also includes a glider kit vehicle as definedin section 321.1, subsection 28A; aroad tractor as definedin section 321.1, subsection 64A; a towing or recovery vehicle as defined in section 321.1, subsection 83A; and a truck tractor as defined in section 321.1, subsection 88. b. “Operation” means actual physical control of a commercial motor vehicle upon a highway as defined in section 321.1.
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