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News Releases

For Immediate Release

October 5, 2012

Kansas Association for Justice Issues Statement Regarding Kansas Supreme Court Ruling in Non-Economic Damage Caps Case

Topeka, Kan. — The Kansas Association for Justice (KsAJ) today issued the following statement in response to the decision of the Kansas Supreme Court in the non-economic damage caps case, Miller v. Johnson:

The Kansas Association for Justice respectfully disagrees with the Kansas Supreme Court decision in the Miller v. Johnson case. Non-economic damage caps are a grave impairment to the constitutional right to trial by jury. We believe that citizen juries render true justice.

The right to trial by jury is at the core of our democracy. Juries are in the best position to resolve disputes fairly because they are the conscience of the local community. Studies have consistently shown that juries are competent, fair, and effective decision makers. Only a human being – a juror – can adequately assess the impact of intangible, permanent, and life changing losses such as disability, disfigurement, blindness, quadriplegia, or sterility.

Non-economic damage caps discriminate. Non-economic damage caps limit justice for women, children, the elderly, the poor, racial and ethnic minorities, and persons with disabilities. Non-economic damage caps hurt Kansans who are the most vulnerable and the most seriously injured. Non-economic damage caps only help insurance companies and those who want to escape full responsibility for the harm they’ve caused.

Ordinary Kansans from all walks of life who have no personal interest in the outcome of a particular case are more than qualified to sit on a jury, hear the evidence, and assess fair and reasonable damages.  We are hopeful that the Kansas Legislature will fully restore Kansans’ constitutional rights by repealing the ill-conceived non-economic damage cap law.  All Kansans deserve access to justice that only a citizen jury can render.

The Kansas Association for Justice is a statewide, not-for-profit professional association which champions individual and corporate responsibility and accountability, the right to trial by jury, independence of the judiciary and high standards of ethics. KsAJ’s members hold those who injure others accountable for their actions. For more information, contact the Kansas Association for Justice at (785) 232-7756 or info@ksaj.org, or visit www.ksaj.org.



Read the decision online by clicking here.


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