Printable Format60-453. Offer to discount claim, not evidence of invalidity. Evidence that a person has accepted or offered or promised to accept a sum of money or any other thing, act or service in satisfaction of a claim, is inadmissible to prove the invalidity of the claim or any part of it.
History: L. 1963, ch. 303, 60-453; January 1, 1964.
Law Review and Bar Journal References:
"Evidence: Settlement Offers Not Relevant For Mitigating Punitive Damages," James B. Albertson, 23 W.L.J. 452, 460, 461 (1984).
"Ethical Dilemmas for the Kansas Government Lawyer," Brian J. Moline, 5 Kan. J.L. & Pub. Pol'y, No. 1, 105, 111, 113 (1995).
"Introducing Evidence of Settlement in Multi-Defendant Medical Malpractice Cases," Tom Pickert, K.D.J. Fall, Issue II (2008).
CASE ANNOTATIONS
1. Purpose of statute is to protect value of plaintiff's claim during negotiations; statute is silent on punitive damages. Ettus v. Orkin Exterminating Co., 233 Kan. 555, 566, 567, 665 P.2d 730 (1983).
2. Absent express final agreement by parties, any negotiations are considered preliminary and as such are inadmissible. Draskowich v. City of Kansas City, 242 Kan. 734, 737, 750 P.2d 411 (1988).
3. Admissibility of evidence regarding settlement. Lytle v. Stearns, 250 Kan. 783, 830 P.2d 1197 (1992).
4. Whether admission of evidence of settlement was abuse of discretion requiring reversal examined. Hess v. St. Francis Regional Med. Center, 254 Kan. 715, 869 P.2d 598 (1994).
5. Whether court erred by failing to disclose existence and terms of settlement between plaintiff and one defendant-witness examined. Smith v. Massey-Ferguson, Inc., 256 Kan. 90, 128, 883 P.2d 1120 (1994).
6. Rule not applicable where evidence not admitted to prove invalidity of plaintiff's claim. Haley v. Brown, 36 Kan. App. 2d 432, 441, 140 P.3d 1051 (2006).