Rood v. Kansas City Power & Light Co.

I agree with the assessment of attorney fees against plaintiff pursuant to K.S.A. 60-2007.1 also agree that *26it was error not to admit evidence of plaintiffs medical bills incurred after treatment by Dr. Alvarez. However, I must dissent from that portion of the opinion which holds that an appellate court may increase a jury verdict by additur, on the same basis as a remittitur, even where (1) the plaintiff has not requested an additur and (2) the evidence upon which the additur is based was not considered by the jury.

There is authority from other jurisdictions that additur should not be…