Blog - Noneconomic damages

Posted on June 25, 2019 by Marty Aisenberg

The Kansas Supreme Court recently struck down a $250,000 statutory cap on noneconomic damages in all personal injury cases, holding that the statute violated the right to a jury trial guaranteed by the Kansas Constitution.  Hilburn v. Enerpipe, http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2019/20190614/112765.pdf (6/14/2019).  In doing so, the court reversed a 7-year-old precedent, Miller v.

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