Kansas Statutes 60-4915. Same; filing of asbestos trust claims
Terms Used In Kansas Statutes 60-4915
- Asbestos: means all minerals defined as asbestos in 29 C. See Kansas Statutes 60-4901
- Asbestos claim: means any claim for damages, losses, indemnification, contribution or other relief arising out of, based on, or in anyway related to inhalation of, exposure to, ingestion of, or contact with asbestos. See Kansas Statutes 60-4901
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(a) A defendant may file a motion no later than the date the court establishes for the completion of all fact discovery identifying the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.
(b) Within 10 days after receiving the defendant’s motion, the plaintiff shall:
(1) File the asbestos trust claims;
(2) file a written response with the court stating why there is insufficient evidence for the plaintiff to file the asbestos trust claims; or
(3) file a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff’s reasonably anticipated recovery.
(c) (1) If the court determines that there is a sufficient basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos claim until the plaintiff files the asbestos trust claim and produces all related trust claim materials.
(2) If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff’s reasonably anticipated recovery, the plaintiff shall file with the court and provides* all parties with a verified statement of the plaintiff’s history of exposure, usage or other connection to asbestos covered by that asbestos trust within 30 days of the court’s determination.