Hilburn v. Enerpipe, Ltd.

Arnold-Burger, J.:

While Diana K. Hilburn rode home with her husband, a truck owned and operated by Enerpipe, Ltd. (En-erpipe) rear-ended their car. The collision negatively impacted Hil-bum’s recovery from a recent back surgeiy, resulting in a second surgery and chronic pain. After a trial, a jury returned a verdict in the amount of $335,000 in total damages for Hilburn, most of which compensated for her noneconomic losses. Over Hilburn’s objection, the district court reduced her damages pursuant to the Kansas noneconomic loss damages statute, K.S.A. 60-19a02.

On appeal, Hilburn challenges the…