HILBURN v. ENERPIPE LTD.

No. 112,765.

442 P.3d 509 (2019)

Diana K. HILBURN, Appellant, v. ENERPIPE LTD., Appellee.

Supreme Court of Kansas.

Opinion filed June 14, 2019.


Attorney(s) appearing for the Case

Thomas M. Warner, Jr. , of Warner Law Offices, P.A., of Wichita, argued the cause and was on the briefs for appellant.

Andrew D. Holder , of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause, and Justice B. King , of the same firm, and Kelly A. Ricke , of the same firm, of Overland Park, were with him on the briefs for appellee.

Toby Crouse , solicitor general, argued the cause, and Jeffrey A. Chanay , chief deputy attorney general, Dwight R. Carswell , assistant solicitor general, Bryan C. Clark , assistant solicitor general, and Derek Schmidt , attorney general, were on the brief for intervenor Kansas Attorney General Derek Schmidt.

Timothy J. Finnerty and Bryan R. Kelly , of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, were on the brief for amicus curiae Kansas Association of Defense Counsel.

James D. Oliver and Scott C. Nehrbass , of Foulston Siefkin LLP, of Overland Park, and Clayton Kaiser , of the same firm, of Wichita, were on the brief for amicus curiae Kansas Chamber of Commerce and Industry, Inc.

David R. Morantz , of Shamberg, Johnson & Bergman, Chtd., of Kansas City, Missouri, and James R. Howell , of Prochaska, Howell & Prochaska, of Wichita, were on the brief for amicus curiae Kansas Trial Lawyers Association.


This case requires us once again to examine the constitutionality of K.S.A. 60-19a02, which caps jury awards for noneconomic damages in personal injury actions. Plaintiff Diana K. Hilburn argues that the application of K.S.A. 60-19a02 to reduce her jury award of $ 335,000 to a judgment of $ 283...

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