Printable Format75-6105. Same; maximum liability for claims; apportionment of multiple claims; no liability for punitive or exemplary damages or interest. (a) Subject to the provisions of K.S.A. 75-6111 and amendments thereto, the liability for claims within the scope of this act shall not exceed $500,000 for any number of claims arising out of a single occurrence or accident.
(b) When the amount awarded to or settled upon multiple claimants exceeds the limitations of this section, any party may apply to the district court which has jurisdiction of the cause to apportion to each claimant the proper share of the total amount limited herein. The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence or accident.
(c) A governmental entity shall not be liable for punitive or exemplary damages or for interest prior to judgment. An employee acting within the scope of the employee's employment shall not be liable for punitive or exemplary damages or for interest prior to judgment, except for any act or omission of the employee because of actual fraud or actual malice.
History: L. 1979, ch. 186, § 5; L. 1980, ch. 294, § 2; L. 1987, ch. 353, § 4; July 1.
Law Review and Bar Journal References:
"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299, 310, 311 (1979).
"Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449 (1981).
"More Goo for Our Tort Stew: Implementing the Kansas Collateral Source Rule," James Concannon and Ron Smith, 58 J.K.B.A. No. 2, 19, 23, 28 (1989).
"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).
"Flooding of Private Property by the Construction of a Public Improvement: Isn't It Time for Kansas to Call It What It Really Is -- A Compensable Taking?" Nicole M. Zomberg, 38 W.L.J. 209 (1998).
"The Potential Civil Liability of Law Enforcement Officers and Agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).
"Settlements and Verdicts," Robin Maxon, J.K.T.L.A. Vol. XXIV, No. 1, 17 (2000).
"Survey of Kansas Tort Law: Part I," William E. Westerbeke and Stephen R. McAllister, 49 K.L.R. 1037 (2001).
"The Recreational Use Immunity of the Kansas Tort Claims Act: An Exception or the Rule?" Will Wohlford, 52 K.L.R. 211 (2003).
"The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004).
"Governmental and Official Immunity for School Districts and Their Employees: Alive and Well?," Peter J. Maher, Kelly Price and Perry A. Zirkel, 19 Kan. J. L. & Pub Pol'y, No. 2, 234 (2010).
Attorney General's Opinions:
Kansas tort claims act; indemnification of employee acting within scope of employment; inapplicable to claims against health care providers; health care provider defined. 85-29.
Liability of governmental entities; townships. 86-18.
Definition of municipality; rural water districts. 86-31.
Liability of counties for providing or selling certain chemicals. 86-173.
Municipal energy agencies are covered by act. 86-177.
Board of state fair managers are state employees for purposes of Kansas tort claims act. 87-97.
Liability of governmental entities; county zoning administrator. 88-141.
Tort claims act; purchase of insurance. 88-160.
CASE ANNOTATIONS
1. Exceptions from liability contained in 75-6104 provide immunity from actual and punitive damages regardless of existence of malice. Lantz v. City of Lawrence, 232 K. 492, 499, 500, 657 P.2d 539 (1983).
2. Maximum liability limit of act inapplicable where insurance purchased providing greater coverage. Jackson v. City of Kansas City, 235 K. 278, 307, 309, 315, 320, 680 P.2d 877 (1984).
3. Exception in 75-6111 to limitation under subsection (a) prevents summary judgment on damages question over $500,000; claims by prisoner in county jail. Lee v. Wyandotte County, Kan., 586 F.Supp. 236, 239 (1984).
4. Act precludes holding city liable for punitive damages arising from city personnel director's alleged defamation of former employee. Polson v. Davis, 635 F.Supp. 1130, 1153 (1986).
5. Liability limits not applicable where insurance coverage exceeds limits. Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 K. 348, 377, 819 P.2d 587 (1991).
6. Arrestee not entitled to punitive damages in action for strip search for traffic offense. Allen v. Board of Comm'rs of County of Wyandotte, 773 F.Supp. 1442 (1991).
7. Court lacked jurisdiction to award damages against defendant over $500,000. Wilmer v. Bd. of County Com'rs of Leavenworth Cty., 69 F.3d 406, 408 (1995).
8. County was liable for postjudgment interest exceeding statutory KTCA (75-6101 et seq.) cap. Wilmer v. Board of Co. Com'rs., 916 F.Supp. 1079, 1080 (1996).
9. KTCA (75-6101 et seq.) damage cap did not apply to limit plaintiff's damages in 42 U.S.C.A. § 1983 action. Beach v. City of Olathe, Kan., 185 F.Supp.2d 1229, 1241 (2002).
10. Noneconomic damage cap imposed by 60-1903 governs over KTCA damage cap in wrongful death action. Estate of Sisk v. Manzanares, 270 F.Supp.2d 1265, 1276 (2003).
11. Statutory cap of $500,000 has no effect on recovery of damages for underinsured motorist coverage under K.S.A. 40-284. Speer v. Farm Bureau Mut. Ins. Co., 43 K.A.2d 520, 226 P.3d 558 (2010).