Wrongful Death Complaint - Kansas

IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS

CIVIL DEPARTMENT

COMPLAINT FOR WRONGFUL DEATH (K.S.A. § 60-1901 et seq.) AND SURVIVAL ACTION (K.S.A. § 60-1801)

TABLE OF CONTENTS

1. Parties, Capacity, and Service — ¶ 1
2. Jurisdiction and Venue — ¶ 8
3. General Allegations (Common to All Counts) — ¶ 12
4. Count I – Wrongful Death (K.S.A. § 60-1901 et seq.) — ¶ 23
5. Count II – Survival Action (K.S.A. § 60-1801) — ¶ 28
6. Damages Sought and Statutory Caps — ¶ 33
7. Demand for Jury Trial — ¶ 38
8. Prayer for Relief
9. Reservation of Rights to Amend
10. Alternative Dispute Resolution
11. Verification
12. Certificate of Service

I. PARTIES, CAPACITY, AND SERVICE

1. Plaintiff [PLAINTIFF 1] is an heir at law of Decedent who sustained a loss by reason of Decedent's death within the meaning of K.S.A. § 60-1902, and brings Count I for the exclusive benefit of all heirs who sustained a loss.

2. Plaintiff [PLAINTIFF 2] is the duly-appointed Personal Representative of the Estate of [DECEDENT NAME] ("Estate") pursuant to Letters Testamentary/Letters of Administration issued by the Probate Division of this Court on [DATE]. Plaintiff 2 brings Count II in that fiduciary capacity.

3. Decedent [DECEDENT NAME] ("Decedent") was, at all times relevant, a resident of [County], Kansas, and died on [DATE OF DEATH] as a direct and proximate result of Defendants' wrongful acts described herein.

4. Defendant [DEFENDANT 1] is a [corporation/LLC/etc.] organized under the laws of [STATE OF FORMATION] with its principal place of business at [ADDRESS] and may be served via its registered agent, [NAME], at [ADDRESS], pursuant to K.S.A. § 60-304(e).

5. Defendant [DEFENDANT 2] is an individual residing at [ADDRESS] and may be served pursuant to K.S.A. § 60-304(a) at said address or wherever found.

6. [Add additional parties as necessary.]

7. Plaintiff 1 brings the wrongful death claim as an heir at law under K.S.A. § 60-1902. Plaintiff 2 brings only the Estate's survival claim in the capacity alleged in Paragraph 2.

II. JURISDICTION AND VENUE

8. This Court has subject-matter jurisdiction under K.S.A. § 20-301, which grants Kansas district courts general original jurisdiction of civil matters.

9. Personal jurisdiction exists over each Defendant pursuant to K.S.A. § 60-308(b) because each Defendant transacted business, committed tortious acts, and/or maintained substantial and systematic contacts in Kansas.

10. Venue is proper in [COUNTY] County because the alleged fatal injury occurred here. For a Kansas resident individual, K.S.A. § 60-603(3) permits the county where the cause arose; for a domestic or qualified foreign corporation, K.S.A. § 60-604(2) does so; and for a nonresident individual or unqualified corporation, K.S.A. § 60-605(3) does so. Apply the more specific K.S.A. § 60-606(b) if a Defendant is a public utility, common carrier, or transportation system.

11. Plaintiff 1 commenced the wrongful death claim within the two-year period in K.S.A. § 60-513(a)(5). Plaintiff 2 was appointed personal representative for the separate Estate claim; that appointment is not a condition of Plaintiff 1's wrongful death claim.

III. GENERAL ALLEGATIONS (COMMON TO ALL COUNTS)

12. On [DATE], at approximately [TIME], Decedent was lawfully present at/on [LOCATION], when Defendants, acting through employees/agents within the scope of their employment, negligently and/or recklessly caused [DESCRIPTION OF INCIDENT].

13. Defendants owed Decedent duties of reasonable care, including but not limited to:
    a. Complying with all applicable statutes, regulations, and industry standards;
    b. Properly hiring, training, and supervising personnel;
    c. Maintaining safe premises/equipment; and
    d. [Other duties].

14. Defendants breached said duties by, inter alia, [SPECIFIC ACTS OR OMISSIONS].

15. As a direct and proximate result of Defendants' breaches, Decedent sustained severe injuries leading to pain, suffering, medical expenses, and ultimately death on [DATE OF DEATH].

16. At the time of death, Decedent was [AGE] years old, employed as [OCCUPATION], earning approximately [$] annually, and providing financial and emotional support to statutory beneficiaries.

17. [If comparative fault is anticipated, insert allegations negating comparative negligence.]

18. All corporate or organizational Defendants are vicariously liable for the acts and omissions of their officers, employees, agents, and/or apparent agents under the doctrines of respondeat superior, agency, and non-delegable duty.

19. The heirs have incurred funeral and burial expenses of approximately [$] and other pecuniary losses.

20. The heirs who sustained a loss have suffered and will continue to suffer nonpecuniary damages, including mental anguish, bereavement, loss of society, companionship, comfort, guidance, counsel, and marital/parental care.

21. [IF DEFENDANT IS A MUNICIPALITY OR ITS EMPLOYEE AND NOTICE IS REQUIRED: Before filing this action, Plaintiff filed written notice of this claim with the municipality under K.S.A. § 12-105b(d) on [DATE]. The municipality denied the claim on [DATE] / 120 days passed after filing without full approval. Attach or identify the notice and proof of filing as appropriate.]

22. Plaintiffs have satisfied all procedural prerequisites under Kansas law.

IV. CAUSES OF ACTION

COUNT I – WRONGFUL DEATH (K.S.A. § 60-1901 et seq.)

23. Plaintiff 1 incorporates Paragraphs 1–22 as if fully set forth herein.

24. Under K.S.A. § 60-1901, when the wrongful act, neglect, or default of another causes death, an action may be maintained for the resulting damages if the decedent might have maintained the action had he or she lived.

25. Defendants' negligent, reckless, and/or unlawful conduct directly and proximately caused Decedent's death.

26. Plaintiff 1 brings this action for the exclusive benefit of all heirs who sustained a loss under K.S.A. § 60-1902 and seeks damages allowed by K.S.A. § 60-1903, including pecuniary damages and nonpecuniary damages subject to the aggregate $250,000 statutory cap described in Section VI below.

27. WHEREFORE, Plaintiff 1 demands judgment on Count I as set forth in the Prayer for Relief.

COUNT II – SURVIVAL ACTION (K.S.A. § 60-1801)

28. Plaintiff 2 incorporates Paragraphs 1–22 and the facts in Paragraphs 24–25 as if fully set forth herein, but brings Count II solely for the Estate.

29. Prior to death, Decedent experienced conscious pain and suffering, incurred medical bills, and lost wages.

30. K.S.A. § 60-1801 preserves any cause of action Decedent could have maintained had death not ensued.

31. Plaintiff [PERSONAL REPRESENTATIVE] is entitled to recover, for the benefit of the Estate, damages including but not limited to:
    a. Pre-death pain and suffering;
    b. Medical and hospital expenses;
    c. Lost earnings and earning capacity until death; and
    d. Property damage, if any.

32. WHEREFORE, Plaintiffs demand judgment as set forth in the Prayer for Relief.

V. DAMAGES SOUGHT AND STATUTORY CAPS

33. Economic Damages (Wrongful Death):
    a. Funeral and burial expenses (approx. [$]);
    b. Loss of financial support;
    c. Loss of services, care, and assistance;
    d. [Other pecuniary losses].

These pecuniary damages are not subject to the K.S.A. § 60-1903 nonpecuniary cap and are recoverable in full as proven at trial.

34. Nonpecuniary Damages (Wrongful Death): Pursuant to K.S.A. § 60-1903, Plaintiffs seek an amount to be determined by the trier of fact, not to exceed the aggregate statutory cap of $250,000 for nonpecuniary loss.

35. Survival Damages: All damages allowed by law for Decedent's personal injury and losses prior to death, which are not subject to the K.S.A. § 60-1903 wrongful-death cap because they are recovered by the Estate under the survival statute, K.S.A. § 60-1801, rather than as wrongful-death damages.

36. Prejudgment interest, to the extent awarded by the Court in this tort action, is calculated under K.S.A. § 16-201(b) at a rate two percentage points below the post-judgment rate published under K.S.A. § 16-204(e)(1); post-judgment interest is calculated under K.S.A. § 16-204(e)(1).

37. Costs of this action, including reasonable attorney's fees where authorized by statute or contract.

VI. DEMAND FOR JURY TRIAL

38. Pursuant to Section 5 of the Kansas Constitution Bill of Rights and K.S.A. § 60-238, Plaintiffs demand trial by jury on all issues so triable.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that the Court enter judgment in their favor against each Defendant in proportion to that Defendant's causal negligence under K.S.A. § 60-258a(d), as follows:

a. Economic (pecuniary) wrongful-death damages in an amount to be proven at trial, uncapped;
b. Nonpecuniary wrongful-death damages up to the aggregate statutory maximum of $250,000 under K.S.A. § 60-1903;
c. Survival damages for Decedent's pre-death losses under K.S.A. § 60-1801;
d. Costs, expenses, and allowable attorney's fees;
e. Prejudgment interest under K.S.A. § 16-201(b) and post-judgment interest under K.S.A. § 16-204(e)(1);
f. Such other and further relief — legal or equitable — as the Court deems just and proper.

VIII. RESERVATION OF RIGHT TO AMEND

39. Plaintiffs expressly reserve the right to amend this Complaint to conform to the evidence as discovery progresses and pursuant to K.S.A. § 60-215.

IX. ALTERNATIVE DISPUTE RESOLUTION

40. Plaintiffs do not consent to binding arbitration at this time but are amenable to court-ordered mediation under the Kansas Dispute Resolution Act, K.S.A. § 5-501 et seq., and Kansas Supreme Court Rules 905-922, with the confidentiality of any mediation communications governed by K.S.A. § 60-452a.

41. Plaintiffs seek limited preliminary and permanent injunctive relief as necessary to prevent spoliation of evidence and to preserve the status quo.

X. VERIFICATION

STATE OF KANSAS )
                           ) ss:
COUNTY OF [COUNTY] )

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.

__________________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this ___ day of __________, 20__.

__________________________________
Notary Public
My Commission Expires: ___________

XI. INITIAL SERVICE REQUEST

Upon filing this Complaint, request the clerk to issue a summons for each Defendant under K.S.A. § 60-301. Serve each summons together with a copy of the Complaint by a method authorized under §§ 60-303 and 60-304, and file proof of actual service. Electronic service on counsel under Rule 122 is for later filings; it does not itself serve initial process on a new defendant.

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: [( ) ]
Facsimile: [( ) ]
Email: [EMAIL ADDRESS]

By: __________________________________
    [ATTORNEY NAME], KS Bar #______
    Attorneys for Plaintiffs

Sources and References

• Kansas Statutes Annotated, K.S.A. § 60-258a(d) (apportioning negligence liability) — https://www.ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html
• Kansas Statutes Annotated, Article 19 (Wrongful Death Actions), K.S.A. §§ 60-1901 to 60-1906 — https://www.kslegislature.gov
• Kansas Statutes Annotated, K.S.A. § 60-1801 (Survival of Actions) — https://www.kslegislature.gov
• Kansas Statutes Annotated, K.S.A. § 60-513 (Limitations of Actions) — https://www.kslegislature.gov
• Kansas Statutes Annotated, K.S.A. § 60-19a02 (Limitation on Damages for Pain and Suffering — personal injury only) — https://www.kslegislature.gov
• Kansas Statutes Annotated, K.S.A. §§ 16-201, 16-204 (Interest and Charges) — https://www.kslegislature.gov
• Kansas Statutes Annotated, K.S.A. § 5-501 et seq. (Dispute Resolution Act) — https://www.kslegislature.gov
• Kansas Supreme Court Rules 122, 905-922 — https://kscourts.gov/Rules-Orders/Rules/Rules-by-category/Dispute-Resolution
• Hilburn v. Enerpipe Ltd., 309 Kan. 1127, 442 P.3d 509 (2019) — https://kscourts.gov
• Tillman v. Goodpasture, No. 117,439 (Kan. Apr. 30, 2021) — https://kscourts.gov/KSCourts/media/KsCourts/Opinions/117439_1.pdf?ext=.pdf