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FLENORY v. EAGLE'S NEST APTS.

No. 84,832.

28 Kan. App.2d 906 (2001)

22 P.3d 613

SHEILA FLENORY, as the Next Friend and Heir at Law of Nerrell Flenory, Appellant, v. EAGLE'S NEST APARTMENTS, Appellee.

Court of Appeals of Kansas.

Opinion filed April 27, 2001.

Attorney(s) appearing for the Case

Donald T. Taylor, of Robb, Taylor & O'Connor, of Kansas City, for appellant.

Edward J. Barbosa, and Wendell E. Koerner, of Franke & Schultz, P.C., of Kansas City, Missouri, for appellee.

Before GERNON, P.J., GREEN and BEIER, JJ.

BEIER, J.:

Sheila Flenory appeals the district court's denial of her motion to determine the total amount of an arbitration award. We reverse and remand, holding that the arbitrator exceeded his authority by providing for application of a statutory cap to Flenory's nonpecuniary damages.

The arbitration award at issue in this appeal followed a wrongful death action brought by Flenory after the death of her son, Nerrell. Nerrell nearly drowned in a swimming...

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