Session of 1999
By Representatives Swenson, Barnes, Burroughs, Klein and Spangler

  9             AN  ACT concerning civil procedure; relating to wrongful death; amend-
10             ing K.S.A. 60-1904 and K.S.A. 1998 Supp. 60-1903 and repealing the
11             existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 60-1903 is hereby amended to read as
15       follows: 60-1903. (a) In any wrongful death action, the court or jury may
16       award such damages as are found to be fair and just under all the facts
17       and circumstances, but the damages, other than pecuniary loss sustained
18       by an heir at law, cannot exceed in the aggregate the sum of $250,000
19       and costs.
20             (b) If a wrongful death action is to a jury, the court shall not instruct
21       the jury on the monetary limitation imposed by subsection (a) upon re-
22       covery of damages for nonpecuniary loss. If the jury verdict results in an
23       award of damages for nonpecuniary loss which, after deduction of any
24       amounts pursuant to K.S.A. 60-258a and amendments thereto, exceeds
25       the limitation of subsection (a), the court shall enter judgment for dam-
26       ages of $250,000 for nonpecuniary loss.
27             (c) (b) In any wrongful death action, the verdict shall be itemized by
28       the trier of fact to reflect the amounts, if any, awarded for:
29             (1) Nonpecuniary damages;
30             (2) expenses for the care of the deceased caused by the injury; and
31             (3) pecuniary damages other than those itemized under subsection
32       (c)(2).
33             (d) Where applicable, the amounts required to be itemized pursuant
34       to subsections (c)(1) and (c)(3) shall be further itemized by the trier of
35       fact to reflect those amounts awarded for injuries and losses sustained to
36       date and those awarded for injuries and losses reasonably expected to be
37       sustained in the future.
38             (e) In any wrongful death action, the trial court shall instruct the jury
39       only on those items of damage upon which there is some evidence to base
40       an award.
41             Sec.  2. K.S.A. 60-1904 is hereby amended to read as follows: 60-
42       1904. (a) Damages may be recovered for, but are not limited to:
43             (1) Mental anguish, suffering or bereavement;

HB 2407


  1             (2) loss of society, companionship, comfort or protection;
  2             (3) loss of marital care, attention, advice or counsel;
  3             (4) loss of filial care or attention;
  4             (5) loss of parental care, training, guidance or education; and
  5             (6) reasonable funeral expenses for the deceased.
  6             (b) If no probate administration for the estate of the deceased has
  7       been commenced, expenses for the care of the deceased which resulted
  8       from the wrongful act may also be recovered by any one of the heirs who
  9       paid or became liable for them. Those expenses and any amount recov-
10       ered for funeral expenses shall not be included in the limitation of K.S.A.
11       60-1903 and amendments thereto.  
12       Sec.  3. K.S.A. 60-1904 and K.S.A. 1998 Supp. 60-1903 are hereby
13       repealed.
14        Sec.  4. This act shall take effect and be in force from and after its
15       publication in the statute book.