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Samsel v. Wheeler Transport Services, Inc.

Supreme Court of Kansas

789 P.2d 541 (1990)

Relevant factsFree

Douglas Samsel (plaintiff) was rendered quadriplegic when a truck driven by Hilgenfeld and owned by Wheeler Transport Services (defendants) crossed the center line and struck his vehicle. Samsel sued in federal district court based on diversity jurisdiction, and the court certified a question to the Kansas Supreme Court: whether a state law capping noneconomic damages -- such as pain and suffering -- at $250,000 in personal-injury actions violated the Kansas Constitution's guarantee of a jury trial.

IssueFree

Whether a state law limiting noneconomic damages recoverable in a personal-injury action violates the state constitution.

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