Hilburn v. Enerpipe Ltd.

I dissent from the majority's holding that the cap on noneconomic damages set in K.S.A. 60-19a02 violates the right to a jury trial as protected by section 5 of the Kansas Constitution Bill of Rights. Unlike the majority, I would follow Miller v. Johnson , 295 Kan. 636, 289 P.3d 1098 (2012), which applied the so-called quid pro quo test to determine K.S.A. 60-19a02 did not violate a medical malpractice plaintiff's rights under section 5. Applying that same test and the rationale of Miller to Diana Hilburn's claim of damages against a motor carrier and its driver, I conclude: (1) the various…