60-4904. Same; preclusion of claims, when. - Kansas Statutes

60-4904

Chapter 60.--PROCEDURE, CIVIL Article 49.--SILICA AND ASBESTOS CLAIMS ACT

      60-4904.   Same; preclusion of claims, when.(a) Notwithstanding any other provision of the Kansas StatutesAnnotated,and amendmentsthereto, for any claim based upon a nonmalignant condition resulting fromsilica or asbestos that is not barred as of the effective date of this act, theperiod oflimitations shall notbegin to run until the exposed person discovers, or through the exercise ofreasonable diligenceshould have discovered, that such person has a physical impairment due to anonmalignantcondition resulting from silica or asbestos. A claim based upon anonmalignantcondition resulting from silica or asbestos is preserved forpurposes of the period oflimitations if such was filed before the cause of action arises pursuant tothis section andamendments thereto.

      (b)   A silica or asbestos claim for a nonmalignant conditionshall not preclude or bar a subsequent claim bythe same exposed person for silica-related cancer or asbestos-related cancer.Nodamages shall be awarded for fear or risk of cancer in any civil actionasserting only a silica or asbestos claim for a nonmalignant condition.

      (c)   No settlement of a silica or asbestos claim for anonmalignant conditionthat is concluded after the effective date of this section shall require therelease of any future claim for silica-related cancer or asbestos-relatedcancer as a condition of settlement.

      History:   L. 2006, ch. 196, § 4; July 1.