An End To The ‘Border War’ In Kansas-Missouri Injury Suits?

Law360 (July 3, 2019, 2:12 PM EDT) -- Until just recently, the prospective value of recoverable, noneconomic damages in personal injury lawsuits varied dramatically depending upon whether a suit was filed in Kansas or Missouri — and, perhaps even more importantly, whether the laws of the Sunflower State or its neighboring Show Me State were determined to apply to the litigation.

Missouri’s Supreme Court had struck down statutory efforts to cap a prospective plaintiff’s recovery for noneconomic damages,[1] most notably in the seminal Watts v. Lester E. Cox Medical Centers decision — where the court reasoned that damages in civil actions arising from “personal wrongs [which] have been tried by juries since 1820” (the time...

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