[Download] "Folks v. Kansas Power & Light Co." by Supreme Court of Kansas # eBook PDF Kindle ePub Free

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eBook details

• Title: Folks v. Kansas Power & Light Co.
• Author : Supreme Court of Kansas
• Release Date : January 29, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

The opinion of the court was delivered by Defendant, The Kansas Power and Light Company (KPL), appeals the judgment in a wrongful death and survival action brought by the surviving spouse and minor children of Kenneth Folks, deceased. Folks, a painter employed by the third-party defendant, Martin Painting Company, was fatally injured when a metal ladder he was using came in contact with defendant's power line. The jury awarded plaintiffs actual and punitive damages and compared fault. KPL appeals raising numerous issues, including the amount of the punitive damages awarded by the jury. Plaintiffs cross-appeal from the trial court's reduction of the jury award by the percentage of fault attributed to the employer. Amicus curiae briefs have been filed by the Kansas Association of Defense Counsel (KADC) and the Kansas Trial Lawyers Association (KTLA). We affirm the judgment for actual damages and the trial court's reduction of the actual damages by the percentage of fault attributed to the employer, but reduce the amount of the punitive damages to $500,000 because, under the facts of this case, the amount awarded by the jury shocks the conscience of this court. Plaintiffs may accept the remittitur of the amount of punitive damages in writing within 10 days after this decision becomes final by filing their acceptance of the remittitur with the clerk of the district court, or receive a new trial on the issue of punitive damages.

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