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Samsel v. Wheeler Transport Services, Inc.

Kansas Supreme Court
789 P.2d 541 (1990)

Written by Craig Conway, LLM

Facts

Douglas Samsel (plaintiff) was severely injured when a vehicle, which was driven by Don Hilgenfeld (defendant) and owned by Wheeler Transport Services, Inc. (Wheeler) (defendant), crossed the center line on a roadway and collided with Samsel’s vehicle. Samsel was rendered a quadriplegic because of the crash. Samsel, a resident of Kansas, filed suit in federal district court, based on diversity of citizenship, against Hilgenfeld, a resident of Nebraska; Wheeler, a company with a principal place of business in Nebraska; and Great West Casualty Company, a business organized under Nebraska law. The district court certified a question to the Supreme Court of Kansas, namely whether a Kansas law that capped pain and suffering or other noneconomic damages in a personal injury action at $250,000 violated the Kansas Constitution.

Rule of Law

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Issue

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Holding and Reasoning (Lockett, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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