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60-258a. Comparative negligence. (a) Effect of contributory negligence. The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party. If a party claims damages for a decedent's wrongful death, the negligence of the decedent, if any, must be imputed to that party.

(b) Special verdicts or findings required. When the comparative negligence of the parties is an issue, the jury must return special verdicts, or in the absence of a jury, the court must make special findings, determining the percentage of negligence attributable to each party and the total amount of damages sustained by each claimant. The court must determine the appropriate judgment.

(c) Joining additional parties. On motion of any party against whom a claim is asserted for negligence resulting in death, personal injury, property damage or economic loss, any other person whose causal negligence is claimed to have contributed to the death, personal injury, property damage or economic loss, must be joined as an additional party.

(d) Apportioning liability. When the comparative negligence of the parties is an issue and recovery is permitted against more than one party, each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party's causal negligence bears to the amount of the causal negligence attributed to all parties against whom recovery is permitted.

(e) Applicability. This section is applicable to actions under this chapter and to actions commenced under the code of civil procedure for limited actions.

History: L. 1974, ch. 239, § 1; L. 1976, ch. 251, § 4; L. 1987, ch. 221, § 1; L. 2010, ch. 135, § 132; July 1.

Law Review and Bar Journal References:

"Comparative Negligence in Kansas—Legal Issues and Probable Answers," Victor E. Schwartz, 13 W.L.J. 397 (1974).

"The New Kansas Comparative Negligence Act," Henry Woods, 14 W.L.J. 1 et seq. (1975).

Comment concerning comparative negligence, 23 K.L.R. 113, 119 (1974).

"Comparative Negligence—Kansas," William A. Kelly, 43 J.B.A.K. 151 (1974).

"Comparative Negligence Update—A Discussion of Selected Issues," Donald W. Vasos, 44 J.B.A.K. 13 (1975).

"Comparative Negligence—A Look at the New Kansas Statute," James F. Davis, 23 K.L.R. 113 (1974).

The legal effect of jury answers to special verdict questions under Kansas comparative negligence law, David E. Pierce, 16 W.L.J. 114, 115, 116, 117, 118, 119, 125, 131, 132, 133 (1976).

Survey of tort liability, Patty Griffin and Harold J. Pickler, 15 W.L.J. 397, 398 (1976).

"The Kansas Comparative Negligence Statute: Informing the Jury of the Legal Effect of Its Answers to Special Verdict Questions," Joel Goldman, 45 J.B.A.K. 91, 93, 96, 99 (1976).

Comparative negligence and damage apportionment, 16 W.L.J. 672, 673, 674, 676, 677, 678, 679, 682 (1977).

Strict liability in tort as adopted in Kansas, 25 K.L.R. 462, 463 (1977).

"Employer Liability to Third Parties Under the Workmen's Compensation and Comparative Negligence Statutes," Ruth C. Nelson, 26 K.L.R. 485, 489, 490 (1978).

Discussion of K.S.A. 40-3113a in "No Fault—The Insurer's Reimbursement Rights Under the New Statute," William R. Sampson, 46 J.B.A.K. 211, 212, 216, 217 (1977).

"Torts: Damage Apportionment Under the Kansas Comparative Negligence Statute—the Unjoined Tortfeasor," Philip R. Carson, 17 W.L.J. 698 (1978).

"Brown and Miles: At Last, An End to Ambiguity in the Kansas Law of Comparative Negligence," Hal D. Meltzer, 27 K.L.R. 111 (1978).

Survey of recent U.S. District Court decisions, John A. Price, 47 J.B.A.K. 287, 295 (1978).

"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185 (1979).

"Survey of Kansas Law: Torts," William Edward Westerbeke, 27 K.L.R. 321, 343 (1979).

"Survey of Kansas Law: Workers' Compensation," William A. Kelly, 27 K.L.R. 377, 389, 390 (1979).

Effects of special verdicts in comparative negligence actions, 18 W.L.J. 606, 607, 608 (1979).

Absent parties in comparative negligence actions, 18 W.L.J. 692, 695 (1979).

"Comparative Fault and Strict Products Liability in Kansas: Reflections on the Distinction Between Initial Liability and Ultimate Loss Allocation," William Edward Westerbeke and Hal D. Meltzer, 28 K.L.R. 25 (1979).

"Comparative Negligence Collides With Strict Liability: Will Tort Law Ever Be the Same?" Marla J. Luckert, 19 W.L.J. 76, 105, 108 (1979).

"Strict Liability in Tort: Is It Applicable to Design Defects?" Orvel B. Mason, 20 W.L.J. 600, 614, 616 (1981).

"Torts-Indemnification, Settlement, and Release in Strict Products Liability in the Wake of Kennedy v. City of Sawyer," William H. Colby, 30 K.L.R. 131 (1981).

"Comparative Negligence Recent Developments," Randall E. Fisher, 2 J.K.T.L.A. No. 3, 5, 6, 7, 9 (1978).

"Does Kansas' Comparative Negligence Act Apply in Strict Liability in Tort Actions?" Jerry R. Palmer, 3 J.K.T.L.A. No. 5, 6, 10, 11, 12, 13 (1980).

"Comparative Fault: Should a 'Pure' or 'Modified' Form Apply to Strict Liability Cases," Lynn R. Johnson, 5 J.K.T.L.A. No. 1, 21 (1981).

"K.S.A. 60-258a Revisited; Survey of Current Trends in the Kansas Law of Comparative Negligence," Craig C. Blumreich, 5 J.K.T.L.A. No. 6, 8, 10, 13 (1982).

"Updating the Kansas Definition of 'Defect' in Strict Liability," Lynn R. Johnson, 5 J.K.T.L.A. No. 6, 28, 30 (1982).

"Verdicts," Mark A. Werner and Laurence Rose, 6 J.K.T.L.A. No. 2, 22, 23 (1982).

"Comparative Fault: Avoiding the Phantom Trap," Dan Wulz, 6 J.K.T.L.A. No. 4, 8, 9, 10, 11 (1983).

"Liability for Escape of Salt Water, Oil or Refuse in Kansas Drilling Operations," John H. Lundgren, 51 J.K.B.A. 307, 311 (1982).

"Researching Legislative Intent," Fritz Snyder, 51 J.K.B.A. 93, 94, 95, 96 (1982).

"Survey of Kansas Law: Torts," William Edward Westerbeke, 33 K.L.R. 1, 32 (1984).

"Some Observations on the Kansas Product Liability Act (Part I)," William Edward Westerbeke, 53 J.K.B.A. 296 (1984).

"Practical and Constitutional Challenges to the 1985 Kansas Medical Malpractice Legislation," Edward J. Guiducci and Keith L. Mark, 25 W.L.J. 304, 322 (1986).

"Recent Developments in Comparative Negligence... to compare or not to compare, that is the Question," David P. Troup, Vol. VIII, No. 4, J.K.T.L.A. 8 (1985).

"Comparative Negligence—New Rules of Pleading and Burden of Proof," Vol. IX, Special Issue, J.K.T.L.A. 28 (1985).

"A Guide to Kansas Common Law Actions Against Industrial Pollution Sources," Robert L. Glicksman, 33 K.L.R. 621, 627, 629 (1985).

"Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 189 (1986).

"The Proposed Kansas Groundwater Protection Act: A Commentary From a Regulated Industry Perspective," Robert L. Driscoll, Doris K. Nagel, 35 K.L.R. 367, 389 (1987).

"Kansas Comparative Negligence Law—An Operational Analysis," Stephen B. Angermayer, Tammy M. Martin, 27 W.L.J. 340, 347, 348, 350 (1988).

"Crisis in the Board Room/The Impact on Savings and Loan Management after FSLIC v. Huff," Robert S. Jones, 11 J.K.T.L.A. No. 4, 6 (1988).

"Parameters of Kansas Comparative Negligence Law: What is an Occurrence?" Timothy A. Short, 11 J.K.T.L.A. No. 5, 12 (1988).

"An Examination of Choice-of-Law Theory and Practice in the Kansas Supreme Court: A Historical Perspective on Rules and Reasons," Allen K. Easley, 27 W.L.J. 407, 450 (1988).

"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).

"1988 Legislative Summary Part I," Ron Smith, 57 J.K.B.A. No. 6, 31, 33, 35, 39 (1988).

"A Practitioner's Guide to Tort Reform of the '80s: What Happened and What's Left after Judicial Scrutiny," Jerry R. Palmer and Martha M. Snyder, 57 J.K.B.A. No. 9, 21, 27 (1988).

"Survey of Kansas Tort Law," William E. Westerbeke and Reginald L. Robinson, 37 K.L.R. 1005, 1028, 1038 (1989).

"Lender Liability in Kansas: A Paradigm of Competing Tort and Contract Theories," Thomas A. Rossi, 29 W.L.J. 495, 540 (1990).

"Kansas Automobile Insurance: Current Issues and Problems," John J. Knoll, 29 W.L.J. 600, 604 (1990).

"Kansas Products Liability: Joint and Several Liability in the Chain of Supply and Distribution," William E. Westerbeke, XIV J.K.T.L.A. No. 3, 21 (1991).

"Professional Negligence," Eugene B. Ralston, J.K.T.L.A. Vol. XVI, No. 1, 13 (1992).

"A Critical Analysis of the 1988 Kansas Collateral Source Statute," Timothy Short, J.K.T.L.A. Vol. XVI, No. 2, 8 (1992).

"Evidence: Can What I Said Be Held Against Me?: Admitting Settlement Agreements and Prior Pleadings in Multiple-Defendant Comparative Negligence Actions[Lytle v. Stearns, 830 P.2d 1197 (Kan. 1992)]," Patrick Hughes, 32 W.L.J. 260, 261, 264 (1993).

"Assumption Of Risk: Although A Harsh And Draconian Doctrine, Is Nonetheless, Alive And Well." Robert G. Herndon, J.K.T.L.A. Vol. XVI, No. 5, 4, 6 (1993).

"Our Statutory System for Actual Damages in Tort: Kansas in Wonderland?" Bruce Keplinger and Scott M. Adam, 63 J.K.B.A. No. 1, 18 (1994).

"A Review of the Kansas Comparative Fault Act," James D. Griffin and Chris Reitz, 63 J.K.B.A. No. 5, 26, 27, 29, 30 (1994).

"Practitioner's Guide To Subrogation Liens And Reimbursement Rights," Gary D. White, Jr., J.K.T.L.A. Vol. XVIII, No. 4, 5, 7 (1995).

"Negligence: Weakened Defenses To Nonclient Malpractice Claims or Jeopardizing Affordable Trusts [Pizel v. Whalen, 845 P.2d 37 (Kan. 1993)]," Michael Callahan, 34 W.L.J. 599, 603, 606, 611 (1995).

"Comparing Fault in Crashworthiness Actions: Looking for Proximate Cause in ALL the Wrong Places," Patrick A. Hamilton, J.K.T.L.A. Vol. XIX, No. 3, 25, 26 (1996).

"Savings and Loan Director Liability in Kansas After O'Melveny and Myers," Jeffrey D. Stowman, 6 Kan. J.L. & Pub. Pol'y, No. 1, 199 (1996).

"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).

"An Update to Consumer's Guide to Court-Awarded Attorney Fees," Mark A. Scott, J.K.T.L.A. Vol. XXII, No. 1, 7 (1998).

"Recent Developments in Kansas Bioethics Law: The Kansas Prevention of Assisted Suicide Act," Kevin J. Breer and Cherie Leigh Durst, 38 W.L.J. 557 (1999).

"The Misapplication of Comparative Negligence: An Argument for the Use of Joint and Several Liability in Gun Control," Michele M. O'Malley, 40 W.L.J. 334 (2001).

"Survey of Kansas Tort Law: Part I," William E. Westerbeke and Stephen R. McAllister, 49 K.L.R. 1037 (2001).

"Comparative Fault in Crashworthiness Cases," Stephen R. Bough and Brett A. Emison, J.K.T.L.A. Vol. 25, No. 2, 12, 14 (2001).

"Liens, Liens & More Liens," David P. Calvert, J.K.T.L.A. Vol. 25, No. 5, 10 (2002).

"Comparing Apples and Oranges: Comparison of Fault in Medical Malpractice Actions," Mitchell W. Rice, J.K.T.L.A. Vol. 28, No. 5, 12 (2005).

"A Criminal Defendant's Inability To Sue His Lawyer for Malpractice: The Other Side of the Exoneration Rule [Canaan v. Bartee, 72 P.3d 911 (Kan. 2003)]," Amy L. Leisinger, 44 W.L.J. 693 (2005).

"Cutting the Hedge: Reforming Comparative Fault in Medical Malpractice," John W. Johnson and Edward L. Robinson, J.K.T.L.A. Vol. 30, No. 3, 12 (2007).

"Kansas Product Liability Law," Patrick A. Hamilton, J.K.T.L.A. Vol. 30, No. 6, 8 (2007).

"The Pot Calls the Kettle Black: A Rebuttal to 'Cutting the Hedge: Reforming Comparative Fault in Medical Malpractice'," Jerry D. Hawkins, K.D.J. Spring (2007).

"Towards a Rational Seat Belt Policy in Kansas," Kelly H. Foos, 56 K.L.R. 1005 (2008).

"Personal Injury Law Meets Medicaid Law: K.S.A. 39-719a Recoveries in Kansas," Robert R. Hiller Jr., 78 J.K.B.A. No. 1, 39 (2009).

"Comparative Implied Indemnity, Third-Party Practice and Settlement Considerations in the Wake of DCI (Part I)," Mark D. Katz and Lawrence E. Nordling, K.D.J. Summer (2009).

"Comparative Implied Indemnity, Third-Party Practice and Settlement Considerations in the Wake of DC1 (Part II)," Mark D. Katz and Lawrence E. Nordling, K.D.J. Fall (2009).

CASE ANNOTATIONS

1. Applied; action by employee against negligent third party after compensation paid; reduction of liability by showing of negligence by employer and employee. Beach v. M & N Modern Hydraulic Press Co., 428 F.Supp. 956, 957, 958, 963, 964, 965, 966.

2. Cited; "causal negligence" construed as it applies to 44-501 (concurring opinion). McCleskey v. Noble Corp., 2 K.A.2d 240, 247, 577 P.2d 830.

3. Cited; settlement by insurer and third party without insured's consent not bar to action by insured against third person. Lohman v. Woodruff, 224 K. 51, 52, 578 P.2d 251.

4. Construed; in a wrongful death action the jury will not be instructed about the $50,000 limitation on plaintiff's recovery as required in 60-1903. Benton v. Union Pac. R.R. Co., 430 F.Supp. 1380, 1386.

5. Section construed in products liability case; formula for determining percentage of damages defendant must pay when non-parties are found contributorily negligent. Greenwood v. McDonough Power Equipment, Inc., 437 F.Supp. 707, 710, 711.

6. In products liability suit brought against manufacturer, non-joinder of owner and operator of lawnmower would not increase manufacturer's liability. Greenwood v. McDonough Power Equipment, Inc., 437 F.Supp. 707, 710, 711.

7. Provisions of subsections (c) and (d) are procedural in nature and should not be allowed to destroy federal diversity jurisdiction. Greenwood v. McDonough Power Equipment, Inc., 437 F.Supp. 707, 712.

8. Construed; purpose is to impose individual liability based on proportionate fault of all parties to occurrence. Brown v. Keill, 224 K. 195 to 207, 580 P.2d 867.

9. All parties properly summoned bound by percentage determination of causal negligence; claim barred. Eurich v. Alkire, 224 K. 236, 237, 238, 579 P.2d 1207.

10. Statute applies to any action where comparative negligence of parties must be determined; judgment of trial court affirmed. Miles v. West, 224 K. 284 to 287, 580 P.2d 876.

11. Section construed; liability for damages to be based on proportionate fault; highway defect contributing cause; Secretary of Transportation properly joined. Wilson v. Probst, 224 K. 459, 581 P.2d 380.

12. Section applicable to action under 68-301 (highway defects); jury instructions upheld. Thomas v. Board of Trustees of Salem Township, 224 K. 539, 543, 544, 547, 582 P.2d 271.

13. Mentioned; PIP insurer's subrogation right to be reduced by injured party's percentage of negligence. Russell v. Mackey, 225 K. 588, 593, 594, 592 P.2d 902.

14. Judgment of court in refusing to assess only 50% of damages found against defendant modified accordingly. Scales v. St. Louis-San Francisco Ry. Co., 2 K.A.2d 491, 495, 499, 501, 582 P.2d 300.

15. Section fully discussed; products liability action; summary judgment denied. Stueve v. American Honda Motors Co., Inc., 457 F.Supp. 740.

16. Cited; jurors were guilty of misconduct by considering fault of plaintiff and by increasing actual damages to allow for attorney fees; judgment reversed. Verren v. City of Pittsburg, 227 K. 259, 607 P.2d 36.

17. Under the provisions of this section concept of joint and several liability no longer applicable in comparative negligence actions; judgment vacated and remanded. Geier v. Wikel, 4 K.A.2d 188, 189, 603 P.2d 1028.

18. Jury instruction approved by Supreme Court prior to judgment not retroactively required. Cook v. Doty, 4 K.A.2d 499, 500, 608 P.2d 1028.

19. Comparative negligence doctrine has abrogated doctrine of active-passive negligence as a basis for indemnification, except in certain cases; defendant who obtained release has no basis to recover over against another liable party. Kennedy v. City of Sawyer, 4 K.A.2d 545, 553, 554, 555, 608 P.2d 1379. Reversed: 228 K. 439, 618 P.2d 788.

20. Statute applies where injury results from violation of proscribed sales of explosives (21-4209). Arredondo v. Duckwall Stores, Inc., 227 K. 842, 843, 610 P.2d 1107.

21. Special training could impose higher degree of care where injury occurs as result of proscribed sale of explosives to minor. Arredondo v. Duckwall Stores, Inc., 227 K. 842, 850, 610 P.2d 1107.

22. Discussed in opinion adopting a form of comparative implied indemnity between joint tort-feasors. Kennedy v. City of Sawyer, 228 K. 439, 460, 618 P.2d 788.

23. Court adopted form of comparative indemnity between joint tort-feasors. Kennedy v. City of Sawyer, 228 K. 439, 466, 618 P.2d 788.

24. The plaintiff's individual negligence will be compared with the collective negligence of multiple defendants in computing damages. Langhofer v. Reiss, 5 K.A.2d 573, 579, 580, 582, 583, 620 P.2d 1173.

25. Party seeking damages in comparative negligence action may recover so long as its negligence is less than combined causal negligence of all parties against whom recovery sought. Negley v. Massey Ferguson, Inc., 229 K. 465, 468, 471, 472, 625 P.2d 472.

26. A passenger in an automobile has no legal duty to use an available seat belt; evidence of nonuse is inadmissible. Taplin v. Clark, 6 K.A.2d 66, 69, 70, 626 P.2d 1198.

27. Comparative negligence statute not applicable in action for consequential damages resulting from breach of contract. Broce-O'Dell Concrete Products, Inc. v. Mel Jarvis Construction Co., 6 K.A.2d 757, 759, 634 P.2d 1142 (1981).

28. Discussed; doctrine of comparative fault requires all parties to an occurrence to have their respective fault determined in one action. Albertson v. Volkswagenwerk Aktiengesellschaft, 230 K. 368, 370, 372, 373, 634 P.2d 1127 (1981).

29. Negligence of all tort-feasors may be compared but no substantive right hereunder to join joint tortfeasors. Baird v. Phillips Petroleum Co., 535 F.Supp. 1371, 1378 (1981).

30. Jury verdict on damages inadequate; record indicated prejudice rather than compromise on issue of liability; new trial on issue of damages required. Putter v. Bowman, 7 K.A.2d 323, 328, 641 P.2d 411 (1982).

31. Comparative negligence statute has not changed basic duty of a landowner or possessor of premises owed to persons entering the premises. Britt v. Allen County Community Jr. College, 230 K. 502 to 505, 638 P.2d 914 (1982).

32. In an action based on strict liability in tort, the system of modified comparative negligence applies to such cases. Forsythe v. Coats Co., 230 K. 553 to 557, 558, 639 P.2d 43 (1982).

33. Application in wrongful death action as to liability for negligent entrustment; determination of proportionate fault of all parties required; application as to award of damages. McCart v. Muir, 230 K. 618, 623, 624, 629, 630, 641 P.2d 384 (1982).

34. Actions based on strict liability in tort subject hereto; concept of joint and several liability not applicable; fault of all parties to be determined. Lester v. Magic Chef, Inc., 230 K. 643, 644, 645, 641 P.2d 353 (1982).

35. Effect of joinder of additional parties potentially liable to plaintiff considered. Ellis v. Union Pacific R.R. Co., 231 K. 182, 183, 188, 189, 190, 192, 194, 195, 643 P.2d 158 (1982). Opinion in 231 K. 182 upheld on motion for rehearing or modification; dissent. Ellis v. Union Pacific R.R. Co., 232 K. 194, 195, 196, 653 P.2d 816 (1982).

36. Defendant in comparative negligence action not entitled to indemnity from another defendant in same action based upon an active-passive, primary-secondary or real wrongdoer classification. Baker v. City of Topeka, 231 K. 328, 335, 644 P.2d 441 (1982).

37. Comparative fault statute did not change common-law rule that defendants liable for intentional torts are jointly and severally liable. Sieben v. Sieben, 231 K. 372, 378, 646 P.2d 1036 (1982).

38. "Parties against whom a claim for recovery is made" include all persons whose claimed causal negligence is submitted for determination to the trier of fact; includes those brought in under subsection (c). Pape v. Kansas Power & Light, 231 K. 441, 448, 449, 647 P.2d 320 (1982).

39. Enactment of this statute did not change the basic duty of a city to keep its streets in reasonably safe condition. Schmeck v. City of Shawnee, 232 K. 11, 31, 32, 651 P.2d 585 (1982).

40. Cited and applied in reversing judgment of trial court in action under Federal Employer's Liability Act; right of contribution against third-party tortfeasor allowed hereunder. Gaulden v. Burlington Northern, Inc., 232 K. 205, 212, 214, 219, 220, 654 P.2d 383 (1982).

41. Judgment reversed; application of "50% rule." Wilson v. Kansas Power & Light Co., 232 K. 506, 515, 657 P.2d 546 (1983).

42. Comparative negligence and implied comparative indemnity are tort-based theories and cannot be applied to contract law. Haysville U.S.D. No. 261 v. GAF Corp., 233 K. 635, 640, 641, 643, 666 P.2d 192 (1983).

43. 68-301 established a standard of negligence for purpose of comparison pursuant to this section. Klinzmann v. Beale, 9 K.A.2d 20, 23, 670 P.2d 67 (1983).

44. Insurer has no right of subrogation where plaintiff recovered from owner of steer which collided with plaintiff's car. Yunghans v. Carson, 9 K.A.2d 45, 47, 670 P.2d 928 (1983).

45. Doctrine of strict liability in tort to possessor of wild animal for harm to another adopted; subject hereto. Mills v. Smith, 9 K.A.2d 80, 82, 673 P.2d 117 (1983).

46. Burden of proof required of defendant joining additional parties is by preponderance of evidence; position of joined party considered. McGraw v. Saunders Co. Plumbing & Heating, Inc., 233 K. 766, 772, 773, 667 P.2d 289 (1983).

47. No requirement for reduction in court costs in proportion to negligence attributable. Gagliano v. Ford Motor Co., 556 F.Supp. 1390, 1391 (1983).

48. Rules relating to third-party practice require certain identity of issues between main suit and third-party complaint. Jamison v. Schneider, 561 F.Supp. 1087, 1091 (1983).

49. Insurer of cable television company not entitled to indemnity from contractor for settlement of claim against insured; no joint and several liability hereunder. Travelers Ins. Companies v. Jackson Com. Corp., 573 F.Supp. 1139, 1140 (1983).

50. Joint and several liability abolished; defendant liable only for proportionate fault regardless of joinder or immunity or other tortfeasors; jurisdiction of federal court considered. Hefley v. Textron, Inc., 713 F.2d 1487, 1495, 1496 (1983).

51. Plaintiff allowed to aggregate fault of all defendants in determining if plaintiff's negligence less than defendants'; comparison of fault extended to products liability cases; act does not violate due process or equal protection rights. Prince v. Leesona Corp., Inc., 720 F.2d 1166, 1168, 1171, 1172 (1983).

52. No reduction in attorney fees chargeable to driving party based upon fault of nondriving parties in actions for less than $3,000. Squires v. City of Salina, 9 K.A.2d 199, 203, 675 P.2d 926 (1984).

53. Cited by dissent; summary judgment improper where animal injury law rather than premises law applicable. Mercer v. Fritts, 9 K.A.2d 232, 240, 676 P.2d 150 (1984).

54. Statute does not change common-law duty owed by bailee to bailor; intervening theft not considered. M. Bruenger & Co. v. Dodge City Truck Stop, Inc., 234 K. 682, 687, 675 P.2d 864 (1984).

55. Common-law defense of assumption of risk still absolute bar to recovery by employee. Jackson v. City of Kansas City, 235 K. 278, 305, 306, 680 P.2d 877 (1984).

56. Damages for loss of consortium is to plaintiff for benefit of spouse; reduced by proportionate share of plaintiff's negligence. McGuire v. Sifers, 235 K. 368, 384, 385, 681 P.2d 1025 (1984).

57. Where defendant indicated at pretrial conference negligence of plaintiff's doctors would not be pursued, comparative negligence not issue. Wooderson v. Ortho Pharmaceutical Corp., 235 K. 387, 681 P.2d 1038 (1984).

58. Doctrine of comparative fault applies to claims based on strict liability. Sell v. Bertsch & Co., Inc., 577 F.Supp. 1393, 1396 (1984).

59. Governmental entity now liable to one injured by street defect while illegally operating vehicle; causal connection between violation and injury factor hereunder. Eli v. Board of Sedgwick County Comm'rs, 235 K. 684, 686, 681 P.2d 673 (1984).

60. Punitive damages not apportioned by percentages of comparative fault. Bowman v. Doherty, 235 K. 870, 882, 686 P.2d 112 (1984).

61. Where nonjoined party found not at fault, plaintiffs not prejudiced by consideration thereof. Douglas v. Lombardino, 236 K. 471, 487, 693 P.2d 1138 (1985).

62. Employer necessary "phantom party" for proportionate fault question when employee injured by third-party tortfeasor. Anderson v. National Carriers, Inc., 10 K.A.2d 203, 207, 208, 695 P.2d 1293 (1985).

63. Tortfeasor who intentionally caused harm (employment discrimination action) has no right of contribution. Gray v. City of Kansas City, Kan., 603 F.Supp. 872, 876 (1985).

64. Cited; since passenger owes no duty to other passengers or third parties, no fault can be assessed; exceptions to rule noted. Akins v. Hamblin, 237 K. 742, 749, 703 P.2d 771 (1985).

65. On question certified, applicability in action against former officers and employees of insolvent savings and loan association discussed. Federal Savings & Loan Ins. Corp. v. Huff, 237 K. 873, 704 P.2d 372 (1985).

66. Where sidewalk defect so slight as to be not actionable, issue of plaintiff's negligence nonexistent. Sepulveda v. Duckwall-Alco Stores, Inc., 238 K. 35, 40, 708 P.2d 171 (1985).

67. Instruction in PIK Civ.2d 20.01, or substance thereof, including last two paragraphs, should be included in comparative negligence cases. Nail v. Doctor's Bldg., Inc., 238 K. 65, 68, 708 P.2d 186 (1985).

68. Where codefendant dismissed and 100% fault apportioned against remaining defendant, plaintiff fully compensated where no prejudice results. Tice v. Ebeling, 238 K. 704, 706, 707, 715 P.2d 397 (1986).

69. Cited by dissent where court allowed excluding defendant insurer (66-1,128) at jury trial where comparative fault and damages were issues. Nirschl v. Webb, 239 K. 90, 98, 716 P.2d 173 (1986).

70. Defendant cannot settle for those from whom plaintiff not seeking recovery and then seek contribution or indemnification. Teepak, Inc. v. Learned, 237 K. 320, 326, 328, 699 P.2d 35 (1985).

71. Cited; right to subrogation in worker's compensation third-party suit (44-504) arises only after judgment obtained. Anderson v. National Carriers, Inc., 11 K.A.2d 190, 192, 194, 717 P.2d 1068 (1986).

72. Cited; bar owner's common law nonliability iterated; where vender not at fault as matter of law, nothing to compare. Fudge v. City of Kansas City, 239 K. 369, 376, 720 P.2d 1093 (1986).

73. Statute has never been interpreted to require the comparison of negligence with intentional wrongdoing. Gould v. Taco Bell, 239 K. 564, 571, 722 P.2d 511 (1986).

74. Defendant failed to raise question of comparative negligence of other settling defendants; trial court properly denied defendant's motion for new trial; however, court cannot reduce verdict by amount of such settlement. Glenn v. Fleming, 240 K. 724, 726, 729, 731, 732, 732 P.2d 750 (1987).

75. Where plaintiff found 60% at fault, issue of punitive damages is moot. Cox v. Kansas Gas and Elec. Co., 630 F.Supp. 95, 101 (1986).

76. Statute did not preclude damages equivalent to pool coating buyer's liability to pool customers with incompleted warranty work. Mattingly, Inc. v. Beatrice Foods Co., 835 F.2d 1547, 1561 (1987).

77. Cited; settlement of second suit while maintaining original action where proportionate fault still undetermined examined. Mathis v. TG&Y, 242 K. 789, 751 P.2d 136 (1988).

78. Where plaintiff prevented from joining party in federal court because of loss of diversity, action survives in state court. Anderson v. Scheffler, 242 K. 857, 862, 863, 752 P.2d 667 (1988).

79. Cited; finding of plaintiff's fault at 60% as precluding punitive damages examined. Wisker v. Hart, 244 K. 36, 42, 766 P.2d 168 (1988).

80. Cited; "one-action" rule applied where medical malpractice damages sought following injuries from industrial accident; separate suit brought. Mick v. Mani, 244 K. 81, 83, 766 P.2d 147 (1988).

81. Use of bicycles and other human-powered conveyances on sidewalks examined. Schallenberger v. Rudd, 244 K. 230, 231, 767 P.2d 841 (1989).

82. Advent of comparative negligence has not abrogated the rescue doctrine in Kansas. Bridges v. Bentley, 244 K. 434, 439, 769 P.2d 635 (1989).

83. Excess liability insurer as not responsible to pay punitive damages determined. Southern American Ins. v. Gabbert-Jones Inc., 13 K.A.2d 324, 769 P.2d 1194 (1989).

84. 1987 amendment not applied retroactively to include claims for economic loss accruing prior to effective date of amendment. Wichita Fed'l Savings & Loan Ass'n v. Black, 245 K. 523, 543, 544, 781 P.2d 707 (1989).

85. Evidence of nonuse or misuse of child safety restraining device (8-1344) as inadmissible under 8-1345(d) examined. Watkins v. Hartsock, 245 K. 756, 757, 783 P.2d 1293 (1989).

86. Purpose of statute discussed; procedures for resolving civil action claims compared. Patterson v. Brouhard, 246 K. 700, 706, 792 P.2d 983 (1990).

87. Negligence of young child as question of fact rather than question of law determined. Honeycutt v. City of Wichita, 247 K. 250, 256, 796 P.2d 549 (1990).

88. On remand, contributory negligence question may be raised on economic damage issues occurring prior to July 1, 1987, amendment to statute. Pizel v. Zuspann, 247 K. 699, 701, 803 P.2d 205 (1990).

89. Comparative negligence unavailable as affirmative defense to officers of failed bank where alleged negligence occurred before effective date of amendment to statute. Federal Deposit Ins. Corp. v. Ashley, 749 F.Supp. 1065, 1067 (1990).

90. Mother of deceased daughters could plead wrongful death damages in excess of $100,000 because of comparative fault; actual recovery limited. Mahomes-Vinson v. U.S., 751 F.Supp. 913, 925 (1990).

91. Railroad not entitled to recover from third-party defendant where railroad employee's negligence exceeded that of third party. Tersiner v. Union Pacific R. Co., 754 F.Supp. 177, 179 (1990).

92. Negligence of party seeking damages bars recovery when it exceeds combined fault of all parties defendant. Deines v. Vermeer Mfg. Co., 755 F.Supp. 350, 354 (1990).

93. Insurance policy provision reducing underinsured motorist coverage (40-284) by amount paid by party potentially liable examined. Allied Mut. Ins. Co. v. Gordon, 248 K. 715, 730, 811 P.2d 1112 (1991).

94. Computation of diminution of employer's subrogation interest for fault (44-504(d)) where worker obtains judgment against third party discussed and determined. Brabander v. Western Cooperative Electric, 248 K. 914, 915, 811 P.2d 1216 (1991).

95. Premises liability involving duty between independent contractors working on property and liability of possessor examined. Miller v. Zep Mfg. Co., 249 K. 34, 41, 815 P.2d 506 (1991).

96. Defendant's right to compare fault of decedent's employer examined where decedent/road maintenance worker killed by vehicle driven by defendant's employee. Sterba v. Jay, 249 K. 270, 281, 816 P.2d 379 (1991).

97. Noted that negligent tortfeasors should not be allowed to reduce fault by intentional fault of another they had a duty to prevent. Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 K. 348, 351, 376, 819 P.2d 587 (1991).

98. 1987 amendment not applicable retroactively; statute not applicable to claims for damages for economic loss accruing prior to July 1, 1987. Comeau v. Rupp, 762 F.Supp. 1434, 1438 (1991).

99. Full faith and credit allowed statute requiring mandatory cross-claim; one-action rule discussed. Joseph Mfg. Co, Inc. v. Olympic Fire Corp., 781 F.Supp. 718, 720 (1991).

100. Negligence per se of decedent examined. Dietz v. Atchison, Topeka and Santa Fe Rwy. Co., 16 K.A.2d 342, 350, 823 P.2d 810 (1992).

101. Plaintiff not barred from bringing action against a former codefendant in previous action in which there was no judicial determination of comparative fault. Cook v. Freeman, 16 K.A.2d 555, 562, 563, 825 P.2d 1185 (1992).

102. Fact that plaintiffs settled with nonparty manufacturer of sailing mast does not prevent defendant from having plaintiff's and manufacturer's negligence considered. Cerretti v. Fling Hills Rural Electric Co-op Ass'n, 251 K. 347, 371, 837 P.2d 330 (1992).

103. Noted where statutes prohibiting and regulating sale of liquor to minors held to not impose civil liability. Mills v. City of Overland Park, 251 K. 434, 440, 837 P.2d 370 (1992).

104. Common-law defense of assumption of risk not altered by adoption of comparative fault. Tuley v. Kansas City Power & Light Co., 252 K. 205, 210, 843 P.2d 248 (1992).

105. One-action rule examined; rule satisfied where comparative fault determination made in federal district court. Tersiner v. Gretencord, 17 K.A.2d 551, 552, 840 P.2d 544 (1992).

106. Application of section in action for economic damages considered. Pizel v. Whalen, 252 K. 384, 386, 845 P.2d 37 (1993).

107. Where no duty of care exists, there is comparative fault to be considered. Chadwell v. Clements, 18 K.A.2d 84, 92, 847 P.2d 1344 (1993).

108. "One action rule" barred action when plaintiff was joined in previous lawsuit based on same collision. Marshall v. Mayflower, 817 F.Supp. 922, 925, 926 (1993).

109. Degrees of negligence examined where plaintiffs served dishwashing liquid rather than similar-looking alcoholic beverage. Cott v. Peppermint Twist Mgt. Co., 253 K. 452, 457, 486, 856 P.2d 906 (1993).

110. Cited where court determined no remedy available to heirs of employee covered by workers compensation act. Karhoff v. National Mills, Inc., 18 K.A.2d 302, 310, 851 P.2d 1021 (1993).

111. Effect of traffic violations on causal fault of collision examined. Burns v. Benedict, 827 F.Supp. 1545, 1549 (1993).

112. Whether defendants may assert state law defenses in federal action where RTC asserts state negligence claim examined. Resolution Trust Corp. v. Fleisher, 835 F.Supp. 1318, 1321 (1993).

113. Whether contributory negligence bars recovery on negligent misrepresentation claim accruing before 1987 amendment to section examined. TBG, Inc. v. Bendis, 841 F.Supp. 1538, 1568 (1993).

114. Whether witness may be cross-examined regarding liability theories of dismissed party in lawsuit for comparative negligence purposes examined. Hess v. St. Francis Regional Med. Center, 254 K. 715, 725, 869 P.2d 598 (1994).

115. Whether comparative fault should have been applied to plaintiff's EMTALA (42 U.S.C. § 1395dd) claims examined. Griffith v. Mt. Carmel Medical Center, 842 F.Supp. 1359, 1364 (1994).

116. Whether comparative fault percentages are determined first and deducted from total damages prior to applying nonpecuniary damage cap in negligence cases examined. Gann v. Joeckel, 20 K.A.2d 136, 137, 884 P.2d 451 (1994).

117. Whether jury instruction misstates state law concerning comparative fault mandating a new trial be granted examined. Meyerhoff v. Michelin Tire Corp., 852 F.Supp. 933, 938 (1994).

118. Whether litigant may file multiple suits arising out of negligent operation of vehicle to obtain attorney fees examined. Chavez v. Markham, 256 K. 859, 866, 889 P.2d 122 (1995).

119. Cited; in wrongful death action trial court shall apply percent of lost chance to damage award before applying statutory cap. Dickey v. Daughety, 21 K.A.2d 655, 660, 905 P.2d 697 (1995).

120. State statutory subrogation right in negligence action not subject to reduction under equitable subrogation principles. Copeland by Copeland v. Toyota Motor Sales U.S.A., 136 F.3d 1249, 1253 (1997).

121. Alleged failure by patient to follow reasonable medical instructions properly submitted to jury as comparative fault. Cox v. Lesko, 263 K. 805, 818, 953 P.2d 1033 (1998).

122. Jury may consider parent's fault under comparative negligence even if parental immunity shields parent from liability. Fitzpatrick v. Allen, 24 K.A.2d 896, 905, 955 P.2d 141 (1998).

123. Comparative negligence of all parties to be determined in a single action. Gust v. Jones, 162 F.3d 587 (1998).

124. Release of party who may be comparatively liable for injuries does not affect plaintiff's right to recover from any other defendant. Luther v. Danner, 268 K. 343, 346, 995 P.2d 865 (2000).

125. Kansas "one-action" rule interpreting Kansas comparative negligence statute is not intended to be an extension of res judicata. Augustine v. Adams, 88 F.Supp.2d 1166, 1172 (2000).

126. Kansas follows specific identity rule concerning general releases of joint tortfeasors (plaintiff's release of former Western Resources employee did not release employer). Mulroy v. Olberding, 29 K.A.2d 757, 30 P.3d 1050 (2001).

127. Comparative negligence may be a defense in medical malpractice case involving suicide of noncustodial patient. Maunz v. Perales, 276 K. 313, 76 P.3d 1027 (2003).

128. One-action rule did not preclude assertion of federal RICO (18 U.S.C.A. 1961 et seq.) claim. McCormick v. City of Lawrence, 325 F.Supp.2d 1191, 1208 (2004).

129. Discussed; jury to determine percentage of fault under statute. Sall v. T's, Inc., 281 K. 1355, 1375, 136 P.3d 471 (2006).

130. Court's substitution of nonparty nurse for defendant medical center harmless error under the facts. Haley v. Brown, 36 K.A.2d 432, 439, 140 P.3d 1051 (2006).

131. Defendant seeking to minimize liability must do so by comparing fault of other defendants. Dodge City Implement, Inc. v. Board of Barber County Comm'rs, 38 K.A.2d 348, 353, 361, 362 (2007).

132. Improper to compare wanton with conduct consisting of simple negligence. Wagner v. SFX Motor Sports, Inc., 522 F.Supp.2d 1330, 1342 (2007).

133. Plaintiff's comparative implied indemnity claim dismissed for failure to join defendants pursuant to K.S.A. 60-258a. Dodge City Implement, Inc. v. Board of Barber County Comm'rs, 288 K. 619, 205 P.3d 1265 (2009).

134. Defendant not entitled to compare its intentional conduct with others' conduct under the comparative fault statute. Nkemakolam v. St. John Military School, 994 F.Supp.2d 1193, 1204 (2014).

135. Statute shows the legislature intended that wrongful death recovery should be governed by comparative fault principles, and that a contributing cause is a cause as used in the wrongful death statute, K.S.A. 60-1901. Burnette v. Eubanks, 52 K.A.2d 751, 758, 379 P.3d 372 (2016).

136. Absent specific authority, court finds no duty imposed on sovereign government to act for the benefit of individual non-citizens in evaluating comparative fault. In re Syngenta AG MIR 162 Corn Litigation, 249 F.Supp.3d 1224, 1245-46 (D. Kan. 2017).

137. If a trial court enters a default judgment in a separate action against other tortfeasors and makes no apportionment of fault or determination of comparative fault, a plaintiff is entitled to a judicial determination of comparative fault and, if it is determined that defendant was at least partially at fault, the trial court can order defendant to pay proportionate share of damages. Rodina v. Castaneda, 60 K.A.2d 384, 391, 494 P.3d 172, 177 (2021).


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