 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
GANN v. JOECKEL11/10/1994
Spencer Joeckel appeals from an adverse jury verdict and judgment entered in a wrongful death action. Joeckel maintains the district court erred in computing the damages owed to plaintiffs by misapplying Kansas comparative fault principles.
The facts in this case are not disputed and are as follows. A vehicular accident occurred on November 11, 1992. Stephanie Frost, a passenger in Joeckel's automobile, was killed as a result of the wreck. Stephanie's mother, Deborah Gann, brought suit against Joeckel, alleging negligence as the cause of her daughter's
death. Stephanie's father, Greg Frost, was subsequently permitted to intervene in the action.
Joeckel made claims of comparative fault against Craig Rideout (the other driver), Frost, and the Kansas Department of Transportation. Rideout was never joined in the wrongful death action by either party.
The case proceeded to trial before a jury. The court granted the plaintiffs' motion for a directed verdict on the issue of Joeckel's fault but ruled that Joeckel's fault could be compared with the fault of Rideout. The court submitted the case to the jury for a determination of the allocation of fault between Joeckel and Rideout. The jury attributed 75% of the fault to Joeckel and 25% of the fault to Rideout. The jury then awarded $200,000 to the plaintiffs as damages for present and future nonpecuniary damages, $223.55 for Stephanie's care prior to her death, and $5,084.51 for funeral expenses, for a total of $205,308.06.
The district court first applied the comparative fault statute, K.S.A. 1993 Supp. 60-258a, and reduced the jury's award to an amount corresponding to Joeckel's 75% of fault, which was $153,981.06. The district court then applied K.S.A. 1993 Supp. 60-1903(a) and (b), thereby reducing the plaintiffs' nonpecuniary award to $100,000. The court then entered judgment in favor of the plaintiffs in the amount of $103,981.05. Joeckel filed a timely appeal.
The sole issue raised by Joeckel on the appeal is whether the trial court erred in its interpretation of 60-1903 as related to 60-258a.
K.S.A. 1993 Supp. 60-1903 reads in pertinent part as follows:
"(a) In any wrongful death action, the court or jury may award such damages as are found to be fair and just under all the facts and circumstances, but the damages, other than pecuniary loss sustained by an heir-at-law, cannot exceed in the aggregate the sum of $100,000 and costs.
"(b) If a wrongful death action is to a jury, the court shall not instruct the jury on the monetary limitation imposed by subsection (a) upon recovery of damages for nonpecuniary loss. If the jury verdict results in an award of damages for nonpecuniary loss which, after deduction of any amounts pursuant to K.S.A. 60-258a and amendments thereto, exceeds the limitation of subsection (a), the court shall enter judgment for damages of $100,000 for nonpecuniary loss." (Emphasis added.)
K.S.A. 1993 Supp. 60-258a reads in pertinent part:
"(a) The contributory negligence of any party in a civil action shall not bar such party or such party's legal representative from recovering damages for negligence resulting in death, personal injury , property damage or economic loss, if such party's negligence was less than the causal negligence of the party or parties against whom claim for recovery is made, but the award of damages to any party in such action shall be diminished in proportion to the amount of negligence attributed to such party.
. . .
"(d) Where the comparative negligence of the parties in any action is an issue and
Page 1 2 3 Kansas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|