Kansas Declares Damage Caps Unconstitutional
On June 14, 2019, the Kansas Supreme Court issued a landmark decision that changes the landscape of personal injury and workers’ compensation third-party cases. In Hilburn v. Enerpipe Ltd., 2019 WL 2479464 (Kan. 2019), the Court declared K.S.A. § 60-19a02 — a 1986 law which originally capped non-economic damages (e.g., pain and suffering and mental…