This section contains the nature of the case and procedural background.

P claims that Don Hilgenfeld (D), negligently caused an automobile accident by driving left of the center line. P was rendered a quadriplegic. Other defendants are Wheeler (D), Hilgenfeld's (D) employer, and Great West Casualty Co. (D), Wheeler's (D) insurance company. P is a resident of Kansas. Hilgenfeld (D) is a resident of Nebraska. Wheeler (D) has its principal place of business in Nebraska, and Great West (D) is organized under Nebraska law. The case was filed in federal court based on diversity of citizenship. K.S.A. 1987 Supp. 60-19a01 caps damages in personal injury actions for pain and suffering at $250,000. Judge O'Connor certified the present question on October 27, 1988. P argues that the statutory cap violates §§ 5 and 18 of the Bill of Rights in the Kansas Constitution: The right of trial by jury.

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