An Act concerning civil procedure; relating to wrongful death;
amending K.S.A. 60-1903 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 60-1903 is hereby amended to read as follows:
60-1903. (a) In any wrongful death action, the court or jury may award
such damages as are found to be fair and just under all the facts and
circumstances, but the damages, other than pecuniary loss sustained by
an heir at law, cannot exceed in the aggregate the sum of $100,000
$250,000 and costs.

(b) If a wrongful death action is to a jury, the court shall not instruct
the jury on the monetary limitation imposed by subsection (a) upon re-
covery of damages for nonpecuniary loss. If the jury verdict results in an
award of damages for nonpecuniary loss which, after deduction of any
amounts pursuant to K.S.A. 60-258a and amendments thereto, exceeds
the limitation of subsection (a), the court shall enter judgment for dam-
ages of $100,000 $250,000 for nonpecuniary loss.

(c) In any wrongful death action, the verdict shall be itemized by the
trier of fact to reflect the amounts, if any, awarded for:

(1) Nonpecuniary damages;

(2) expenses for the care of the deceased caused by the injury; and

(3) pecuniary damages other than those itemized under subsection

(d) Where applicable, the amounts required to be itemized pursuant
to subsections (c)(1) and (c)(3) shall be further itemized by the trier of
fact to reflect those amounts awarded for injuries and losses sustained to
date and those awarded for injuries and losses reasonably expected to be
sustained in the future.

(e) In any wrongful death action, the trial court shall instruct the jury
only on those items of damage upon which there is some evidence to base
an award.

Sec. 2. K.S.A. 60-1903 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1998