Livingston v. Baxter Health Care Corp.

VICTOR C. HOWARD, Judge.

The heirs of Ruth Baxter appeal the trial court’s judgment upon a jury verdict awarding them a total of $500,000 on their wrongful death and pain and suffering claims against Baxter Health Care Corporation (“BHCC”). They claim that the trial court erred in: (1) applying Kansas’s statutory limits on non-economic damages; and (2) denying the heirs’ motion for judgment notwithstanding the verdict because BHCC faded to make a submissible case of comparative fault. BHCC also appeals the judgment and contends that the trial court erred in: (1) refusing to modify the jury…