2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 19a LIMITATION ON DAMAGES FOR PAIN AND SUFFERING
60-19a01. Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; application limited.

60-19a01

Chapter 60.--PROCEDURE, CIVIL Article 19a.--LIMITATION ON DAMAGES FOR PAIN AND SUFFERING

      60-19a01.   Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; application limited. (a) As used in this section, "personal injury action" means any action for damages for personal injury or death, except for medical malpractice liability actions.

      (b)   In any personal injury action, the total amount recoverable by each party from all defendants for all claims for pain and suffering shall not exceed a sum total of $250,000.

      (c)   In every personal injury action, the verdict shall be itemized by the trier of fact to reflect the amount awarded for pain and suffering.

      (d)   If a personal injury action is tried to a jury, the court shall not instruct the jury on the limitations of this section. If the verdict results in an award for pain and suffering which exceeds the limit of this section, the court shall enter judgment for $250,000 for all the party's claims for pain and suffering. Such entry of judgment by the court shall occur after consideration of comparative negligence principles in K.S.A. 60-258a and amendments thereto.

      (e)   The provisions of this section shall not be construed to repeal or modify the limitation provided by K.S.A. 60-1903 and amendments thereto in wrongful death actions.

      (f)   The provisions of this section shall apply only to personal injury actions which are based on causes of action accruing on or after July 1, 1987, and before July 1, 1988.

      History:   L. 1987, ch. 217, § 1; L. 1988, ch. 216, § 2; July 1.