Legal Question in DUI Law in Kansas

Rules of Evidence regarding punitive damages

If a defendant to a case was a drunk driver, and he stipulates to liability AND stipulates to punitives after the amended petition was filed (asking for punitives), is he (defendant) allowed to keep all information regarding the intoxication away from the jury since he stipulates to punitives? In Kansas the jury decides if there will be punitives, and the judge decides the amount. I can find no caselaw or evidentiary decisions on this point. Please help!!

Asked on 3/14/01, 1:58 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Rules of Evidence regarding punitive damages

If liability and punitive damages are stipulated to, there is nothing for the jury to decide other than, apparently, compensatory damages. Those items which have been taken from the jury's consideration by agreement between the parties would be admitted in error, but it would probably be harmless error.

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Answered on 5/23/01, 1:43 pm

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