Page:Copeland By and Through Copeland v. Toyota Motor Sales U.S.A., Inc.pdf/11

 Section 60-258a, referenced in subsection (c), is Kansas’ comparative negligence statute. Section 60-258a provides, in part, that

"[t]he contributory negligence of any party in a civil action shall not bar such party . . . from recovering damages . . . if such party’s negligence was less than the causal negligence of the party or parties against whom claim for recovery is made, but the award of damages to any party in such action shall be diminished in proportion to the amount of negligence attributed to such party."

Id. § 60-258a(a).

In the hearing on Copeland’s Motion to Apportion Proceeds, the district court, as well as SRS, appeared to agree with Copeland that § 39-719a(c) was applicable to Copeland’s settlement recovery and that Copeland’s own negligence would proportionately reduce SRS’ recovery. The district court thus allowed the parties to submit evidence of fault, and Copeland submitted evidence that she was under the influence of alcohol and was speeding at the time of the accident. SRS did not challenge Copeland’s evidence either by presenting evidence that Copeland was not at fault or by presenting evidence that another party was responsible for the accident. In its April 12 order, however, the district court refused to attribute a percentage of fault to Copeland and necessarily refused to reduce SRS’ recovery under Kan. Stat. Ann. § 39-719a(c). Because the only evidence before the district court indicated Copeland’s fault and because that