Photo of Scott W. Martin

Scott concentrates his practice in complex business litigation matters and defense. He represents physicians, nurses, hospitals and long-term providers in professional negligence lawsuits, as well as corporations, officers and directors in commercial disputes.

In 1988, the Kansas legislature enacted K.S.A. 60-19a02 to limit personal injury plaintiffs’ recovery for non-economic losses such as pain and suffering, mental anguish, loss of enjoyment of life, etc.  Thirty years later, in a 4-2 decision handed down on Friday, June 14th, Hilburn v. Enerpipe Ltd. put an end to non-economic damage caps in Kansas personal injury cases.  This change does not apply to wrongful death cases or punitive damages, but it will affect non-economic damages in future medical malpractice cases as well as those currently pending in Kansas state courts.
Continue Reading The disposal of non-economic damage caps in the State of Kansas