60-1903. Amount of damages; jury instructions; itemized verdict.
60-1903
60-1903. Amount of damages; jury instructions; itemized verdict.(a) In any wrongful death action, the court or jury mayaward such damages as arefound to be fair and just under all the facts and circumstances, but thedamages, other than pecuniary loss sustained by an heir at law, cannotexceed in the aggregate the sum of $250,000 and costs.
(b) If a wrongful death action is to a jury, the court shall notinstruct the jury on the monetary limitation imposed by subsection (a) uponrecovery of damages for nonpecuniary loss.If the jury verdict results in an award of damages for nonpecuniarylosswhich, after deduction of any amounts pursuant to K.S.A. 60-258a andamendments thereto, exceeds the limitation of subsection (a), the courtshall enter judgment for damages of $250,000 for nonpecuniaryloss.
(c) In any wrongful death action, the verdict shall be itemized by thetrier of fact to reflect the amounts, if any, awarded for:
(1) Nonpecuniary damages;
(2) expenses for the care of the deceased caused by the injury; and
(3) pecuniary damages other than those itemized under subsection (c)(2).
(d) Where applicable, the amounts required to be itemized pursuant tosubsections (c)(1)and (c)(3) shall be further itemized by the trier of fact to reflect thoseamounts awarded for injuries and losses sustained to date and those awardedfor injuries and losses reasonably expected to be sustained in the future.
(e) In any wrongful death action, the trial court shall instruct thejury only on those items of damage upon which there is some evidence to base an award.
History: L. 1963, ch. 303, 60-1903; L. 1967, ch.329, § 1; L. 1970, ch. 241, § 1; L. 1975, ch. 303, § 2; L. 1984,ch. 214, § 1;L. 1987, ch. 224, § 2;L. 1998, ch. 68, § 1; July 1.