Higgins v. Abilene MacHine, Inc.

I agree that this court should not be seduced by emotionally compelling arguments, in contravention of a strict application of the law. Moreover, it is not our function to make public policy in derogation of that expressed by the legislature. However, where there are general policy reasons for the subject matter of a statutory provision, we should view the statutory language through the lens of that public policy, i.e., acknowledge the general public policy advanced by the legislature in passing the law.

In K.S.A. 2008 Supp. 44-510k(c), the legislature specifically provided for an allowance of…