Stang v. Caragianis

The opinion of the court was delivered by

McFarland,

J.: This is an action seeking recovery for injuries sustained by plaintiff Susan Stang in an automobile accident. Following a jury trial, the district court sustained a motion for a directed verdict limiting plaintiff s recovery to 90 percent of her pecuniary losses on the basis of the jury’s determination of comparative fault and its answer to a special question. The district court held that plaintiff had failed to meet the threshold requirements of K.S.A. 40-3117. Plaintiff appeals from this determination.

Plaintiff was a passenger in an…