Miller v. Johnson

I agree with the majority’s resolution of the nonconstitutional issues in this case. I also agree with the majority’s determination that the statutoiy cap on noneconomic damages does not violate the doctrine of separation of powers. I would, however, reverse and remand to the district court because K.S.A. 60-19a02, as applied to plaintiff Amy C. Miller, violates the right to trial by juiy of Section 5 and the right to remedy provision of Section 18 of the Kansas Constitution Bill of Rights. Given my certainty about these constitutional infir*690mities, I reserve judgment on the merit of Miller s…