Kansas Cap on Pain & Suffering in Personal Injury Claims Ruled Unconstitutional

The noneconomic damages cap under K.S.A. 60-19a02 violates a plaintiff's right of a trial by jury under the Kansas Constitution Bill of Rights because it intrudes upon the jury's determination of the compensation owed personal injury plaintiffs to redress their injuries.


http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2019/20190614/112765.pdf


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