Session of 1999
HOUSE BILL No. 2408
By Representatives Swenson, Barnes, Burroughs, Klein and Spangler
9 AN ACT concerning civil procedure; relating to personal injury actions;
10 limitations on recovery; amending K.S.A. 60-19a02 and repealing the
11 existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 60-19a02 is hereby amended to read as follows: 60-
15 19a02. (a) As used in this section "personal injury action" means any
16 action seeking damages for personal injury or death.
17 (b) In any personal injury action, the total amount recoverable by
18 each party from all defendants for all claims for noneconomic loss shall
19 not exceed a sum total of $250,000.
20 (c) In every personal injury action, the verdict shall be itemized by
21 the trier of fact to reflect the amount awarded for noneconomic loss.
22 (d) If a personal injury action is tried to a jury, the court shall not
23 instruct the jury on the limitations of this section. If the verdict results in
24 an award for noneconomic loss which exceeds the limit of this section,
25 the court shall enter judgment for $250,000 for all the party's claims for
26 noneconomic loss. Such entry of judgment by the court shall occur after
27 consideration of comparative negligence principles in K.S.A. 60-258a and
28 amendments thereto.
29 (e) The provisions of this section shall not be construed to repeal or
30 modify the limitation provided by K.S.A. 60-1903 and amendments
31 thereto in wrongful death actions.
32 (f) The provisions of this section shall apply only to personal injury
33 actions which are based on causes of action accruing on or after July 1,
34 1988, and before July 1, 1999. On and after July 1, 1999, the limitations
35 contained in this section are not applicable to personal injury actions
36 which are based on causes of action accruing after such date.
37 Sec. 2. K.S.A. 60-19a02 is hereby repealed.
38 Sec. 3. This act shall take effect and be in force from and after its
39 publication in the statute book.