Ruling Upholding Kansas Cap On Damages Called Unjust

By: Associated Press
By: Associated Press

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Friday, October 5, 2012

An attorney for a Kansas woman who challenged a limit on damages for pain and suffering in lawsuits says a state Supreme Court ruling against his client is unjust.

Attorney William Skepnek said Friday he's disappointed the state won't trust juries to determine what represents adequate compensation for people who are injured.

Kansas law limits damages for non-economic losses such as pain and suffering to $250,000 in personal injury lawsuits.

Skepnek represents Eudora resident Amy Miller. She sued her doctor after the doctor removed the wrong ovary during surgery in 2002.

A jury in Douglas County awarded Miller nearly $760,000, but a judge reduced the award because of the cap.

Skepnek said Friday's ruling means people who are hurt will continue to be undercompensated by the courts.

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