60-19a01. Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; application limited.
60-19a01
60-19a01. Personal injury action defined; limitation established;itemization of verdict; no jury instruction on limitation to be given;wrongful death limitation not affected; application limited.(a) As used in this section, "personal injury action" meansany action for damages for personal injury or death, except for medicalmalpractice liability actions.
(b) In any personal injuryaction, the total amount recoverable by each party from all defendants forall claims for pain and suffering shall not exceed 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 pain and suffering.
(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 pain and suffering which exceeds the limit of thissection, the court shall enter judgmentfor $250,000 for all the party'sclaims for pain and suffering. 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 ormodify the 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 1,1987, and before July 1, 1988.
History: L. 1987, ch. 217, § 1;L. 1988, ch. 216, § 2; July 1.