KANSAS STATUTES AND CODES

60-19a02. Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; limited to actions accr

60-19a02

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

60-19a02. Personal injury action defined; limitation established;itemization of verdict; no jury instruction on limitation to be given;wrongful death limitation not affected; limited to actions accruing on orafter July 1, 1988.(a) As used in this section "personal injury action" meansany action seeking damages for personal injury or death.

(b) In any personal injury action, the total amount recoverable by eachparty from all defendants for all claims for noneconomic loss shall notexceed a sum total of $250,000.

(c) In every personal injury action, the verdict shall be itemized bythe trier of fact to reflect the amount awarded for noneconomic loss.

(d) If a personal injury action is tried to a jury, the court shall notinstruct the jury on the limitations of this section. If the verdictresults in an award for noneconomic loss which exceeds the limit of thissection, the court shall enter judgment for $250,000 for all the party'sclaims for noneconomic loss. Such entry of judgment by the court shalloccur 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 modifythe limitation provided by K.S.A. 60-1903 and amendments thereto inwrongful death actions.

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

History: L. 1988, ch. 216, § 3; July 1.