PATTON v. TIC UNITED CORP.

Nos. 94-3296, 94-3297.

77 F.3d 1235 (1996)

Ryan M. PATTON and Kathy Patton Strunk, Plaintiffs-Appellees/Cross-Appellants, v. TIC UNITED CORP., a Delaware corporation, Defendant-Appellant/Cross-Appellee. Implant Device Education Association; The Wichita Area Support Group for the Survivors of Silicone Breast Implants; Kansas Trial Lawyers Association; Colorado Trial Lawyers Association; Defense Research Institute, Inc.; Product Liability Advisory Council, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

February 16, 1996.


Attorney(s) appearing for the Case

Hildy Bowbeer (George W. Soule and Cortney G. Sylvester, with her on the brief), Bowman & Brooke, Minneapolis, Minnesota, for Appellant/Cross-Appellee.

Gary D. McCallister (Brenda L. Head, with him on the brief), Davis, Unrein, Hummer, McCallister & Buck, Topeka, Kansas, and Jerry R. Palmer (L.J. Leatherman, with him on the brief), Palmer & Lowry, Topeka, Kansas, for Appellees/Cross-Appellants.

Andrew Oswald, Oswald, Oswald & Associates, Hutchison, Kansas, and Leland P. Anderson, Sears Anderson & Swanson, Denver, Colorado, for amici curiae Kansas Trial Lawyers Ass'n and Colorado Trial Lawyers Ass'n.

Mark B. Hutton, Wichita, Kansas, for amici curiae Implant Device Education Ass'n and Wichita Area Support Group for the Survivors of Silicone Breast Implants.

Kevin M. Reynolds and Richard J. Kirschman, Whitfield & Eddy, P.L.C., Des Moines, Iowa, for amicus curiae Defense Research Institute, Inc.

Hugh F. Young, Jr., Reston, Virginia, Kenneth S. Geller and H. Thomas Byron III, Mayer, Brown & Platt, Washington, D.C., for amicus curiae Product Liability Advisory Council, Inc.

Before LUCERO and MURPHY, Circuit Judges, and JENKINS, District Judge.


LUCERO, Circuit Judge.

We review appeals from a final judgment in a products liability diversity action. The defendant appeals the jury verdict against it as well as the court's imposition of punitive damages. The plaintiffs, by cross-appeal, challenge the district court's application of a Kansas damage cap, Kan.Stat.Ann. § 60-19a02, to reduce the jury's award of noneconomic damages. We affirm.

I.

Ryan...

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