60-249a.
Itemized verdict, personal injury actions; jury instructions.
(a)
Itemizing damages awarded.
If the trier of fact finds for the plaintiff in an action for damages for personal injury, the trier of fact must itemize the amounts awarded for the following items of damage, subject to the provisions of subsection (c):
(1) Noneconomic injuries and losses, as follows:
(A) Pain and suffering,
(B) disability,
(C) disfigurement, and any accompanying mental anguish;
(2) reasonable expenses of necessary medical care, hospitalization and treatment received; and
(3) economic injuries and losses other than those itemized under subsection (b)(2)*.
(b)
Future damages. When applicable, the trier of fact must further itemize the amounts required to be itemized under subsection (a) to reflect those amounts awarded for damages sustained to date and those awarded for damages reasonably expected to be sustained in the future.
(c)
Damages considered by jury.
In an action for damages for personal injury, the instructions to the jury and the itemized verdict form must refer only to those items of damage on which evidence has been introduced at trial.
History:
L. 1987, ch. 224, § 1; L. 1993, ch. 109, § 1; L. 2010, ch. 135, § 120; July 1.
Notes of Decisions
Leiker Ex Rel. Leiker v. Gafford, 778 P.2d 823 (Kan. 1989).
· cites it 8× “The statute reads in part: "(a) In any action for damages for personal injury, the verdict shall be itemized by the trier of fact to reflect the amounts, if any, awarded for: (1) Noneconomic injuries and losses, as follows: *338 (A) Pain and suffering, (B) disability, (C)…”
Bott v. Wendler, 453 P.2d 100 (Kan. 1969).
· cites it 4× “(3 Vernon's *220 Kansas Statutes Annotated [Fowks, Harvey, Thomas], § 60-249a, p. 205.) The authors of 2B Barron and Holtzoff, Federal Practice and Procedure (Rules Edition), § 1055, p.”
Gregory v. Carey, 791 P.2d 1329 (Kan. 1990).
· cites it 2× “Our holding on this issue is consistent with what appears to be a slight majority *514 of the cases which have considered the various arguments and it is also consistent with the wording of K.”
Cott v. Peppermint Twist Mgmt. Co., 856 P.2d 906 (Kan. 1993).
“In arguing the evidence does not support the damage awards, Peppermint Twist initially relies upon K.S.A. 1992 Supp. 60-249a. Subsection (a) requires that a verdict in any personal injury action for damages be itemized as follows: noneconomic injuries and losses (pain and…”
Germann v. Blatchford, 792 P.2d 1059 (Kan. 1990).
· cites it 2× “The jury, utilizing a verdict form prepared in compliance With K.S.A. 1989 Supp. 60-249a, found each defendant 50% at fault and awarded damages as follows: “3.”
Shirley v. Smith, 933 P.2d 651 (Kan. 1997).
“Nothing in K.S.A. 1988 Supp. 60-249a purports to restrict the categories of noneconomic damages to those listed in subsection (a)(1).”
Cooper v. Old Dominion Freight Line, Inc., 781 F. Supp. 2d 1177 (D. Kan. 2011).
· cites it 2× “” 41 This reasonableness standard appears both in K.S.A. § 60-249a, governing damages in personal injury actions, and in K.”
Hoover v. Innovative Health of Kansas, Inc., 988 P.2d 287 (Kan. Ct. App. 1999).
“However, Sterling Heights objected to the inclusion of disability, disfigurement, and mental anguish on the verdict form because it believed there was no evidence to support those damages.”
Dixon v. Prothro, 830 P.2d 1221 (Kan. Ct. App. 1992).
· cites it 2× “We note K.S.A. 1991 Supp. 60-249a requires the use of an itemized verdict form in a personal injury damages action.”
Doe v. United States (D. Kan. 2021).
· cites it 4× “Under the plain language and structure of § 60-249a, the court must separate non-economic damages into three categories: “(A) Pain and suffering, (B) disability, (C) disfigurement, and any accompanying mental anguish.”
— K.S.A. § 60-249a(1)(C) — 1 case
Doe v. United States (D. Kan. 2021).
“Under the plain language and structure of § 60-249a, the court must separate non-economic damages into three categories: “(A) Pain and suffering, (B) disability, (C) disfigurement, and any accompanying mental anguish.”
— K.S.A. § 60-249a(a)(l) — 1 case
Dixon v. Prothro, 830 P.2d 1221 (Kan. Ct. App. 1992).
“We note K.S.A. 1991 Supp. 60-249a requires the use of an itemized verdict form in a personal injury damages action.”
— K.S.A. § 60-249a(b)(1) — 1 case
Hoover v. Innovative Health of Kansas, Inc., 988 P.2d 287 (Kan. Ct. App. 1999).
“However, Sterling Heights objected to the inclusion of disability, disfigurement, and mental anguish on the verdict form because it believed there was no evidence to support those damages.”
— K.S.A. § 60-249a(c) — 2 cases
Leiker Ex Rel. Leiker v. Gafford, 778 P.2d 823 (Kan. 1989).
“The statute reads in part: "(a) In any action for damages for personal injury, the verdict shall be itemized by the trier of fact to reflect the amounts, if any, awarded for: (1) Noneconomic injuries and losses, as follows: *338 (A) Pain and suffering, (B) disability, (C)…”
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