Hilburn v. Enerpipe Ltd.Annotate this Case
The Supreme Court reversed the decision of the court of appeals affirming the judgment of the district court, holding that the noneconomic damages cap under Kan. Stat. Ann. 60-19a02 violated Plaintiff's right under section 5 of the Kansas Constitution Bill of Rights because it intrudes upon the jury's determination of the compensation owed her to redress her injury.
In this auto-truck accident case, Plaintiff received a jury award of $335,000. The district court applied section 60-19a02 to reduce Plaintiff's jury award to a judgment of $283,490.86. The district court acknowledged that Plaintiff's case was distinguishable from Miller v. Johnson, 289 P.3d 1098 (Kan. 2012), in which a majority of the Court upheld the application of the noneconomic damages cap to a medical malpractice plaintiff's jury award, but ultimately ruled that section 60-19a02 was constitutional. The court of appeals affirmed. The Supreme Court reversed and remanded for entry of judgment in Plaintiff's favor on the jury's full award, holding that the cap on damages imposed by section 60-19a02 is facially unconstitutional because it violates section 5 of the Kansas Constitution Bill of Rights.