60-3703.
Filing an amended pleading to claim punitive damages.
No tort claim or reference to a tort claim for punitive damages shall be included in a petition or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim pursuant to K.S.A. 60-209, and amendments thereto. The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed on or before the date of the final pretrial conference held in the matter.
History:
L. 1988, ch. 209, § 4; L. 1992, ch. 307, § 4; L. 1997, ch. 173, § 33; July 1.
Notes of Decisions
Fusaro v. First Fam. Mortg. Corp., 897 P.2d 123 (Kan. 1995).
· cites it 23× “The issues raised are: (1) Whether, in ruling on the plaintiff’s motion to amend petition to include a claim for punitive damages under K.S.A. 60-3703, the district court should have taken into consideration the burden of proof plaintiff will be required to meet at trial to…”
Sullwold v. Barcus, 838 P.2d 908 (Kan. Ct. App. 1992).
· cites it 19× “On December 28, 1988, Sullwold also filed a motion pursuant to K.S.A. 1991 Supp. 60-3703 for an order allowing her to file an amended petition, including a claim for punitive damages.”
Gates v. Goodyear, 155 P.3d 1196 (Kan. Ct. App. 2007).
· cites it 5× “We dismiss Gates’ first two claims of error, concluding that his notice of appeal failed to designate the matters appealed from; we affirm the district court on Gates’ third claim of error, concluding that where no final pretrial conference is held, there was no contravention of…”
Adamson v. Bicknell, 287 P.3d 274 (Kan. 2012).
· cites it 4× “See K.S.A. 60-3703 (detailing procedure for adding punitive damages to a tort claim).”
Lindsey v. Miami Cnty. Nat'l Bank, 984 P.2d 719 (Kan. 1999).
· cites it 4× “Under the Kansas procedure set forth in K.S.A, 60-3703, a plaintiff must apply to the trial court for permission to amend the petition to include a claim for punitive damages.”
Noel v. Pizza Mgmt., Inc., 899 P.2d 1013 (Kan. 1995).
· cites it 7× “The procedure for claiming punitive damages is set forth in K.S.A. 60-3703 and was recently considered in Fusaro v.”
George v. Capital South Mortg. Investments, Inc., 961 P.2d 32 (Kan. 1998).
· cites it 8× “The defendants claim that the plaintiffs did not properly comply with the statutory requirements in amending their petition to request punitive damages, specifically K.S.A. 60-3703. This statute provides: “No tort claim or reference to a tort claim for punitive damages shall be…”
Moore v. Associated Material & Supply Co., 948 P.2d 652 (Kan. 1997).
· cites it 5× “60-3702, and K.S.A. 60-3703. K.S.A. 60-3701 provides in part that “the trier of fact shall determine, concurrent with all other issues presented, whether such [punitive] damages shall be allowed.”
Smith v. Printup, 866 P.2d 985 (Kan. 1993).
· cites it 2× “*319 The court allowed the Smith plaintiffs to amend their complaint to seek punitive damages in accordance with K.S.A. 1992 Supp. 60-3703 against Southwest, Printup, and Red Ball in conjunction with their survivor action.”
T.S.I. Holdings, Inc. v. Jenkins, 924 P.2d 1239 (Kan. 1996).
· cites it 3× “” *726 The district court granted the buyers’ motion under K.S.A. 60-3703 to assert a claim against CVC and Citibank for punitive damages, applying the standard of Fusaro v.”
Comeau v. Rupp, 762 F. Supp. 1434 (D. Kan. 1991).
· cites it 4× “Motion to Strike Punitive Damages The Accountants have filed a motion to strike plaintiffs’ claim for punitive damages for failure to comply with K.S.A. § 60-3703, which provides in relevant part: No tort claim for punitive damages shall be included in a petition or other…”
Fusaro v. First Fam. Mortg. Corp., 843 P.2d 737 (Kan. Ct. App. 1992).
· cites it 6× “Fusaro’s interlocutory appeal to determine what standards a trial court should apply when considering a motion to amend a pleading to request punitive damages pursuant to K.S.A. 1991 Supp. 60-3701, K.S.A. 1991 Supp.”
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