Oklahoma Supreme Court Invalidates Civil Justice Damages Cap

The Oklahoma Supreme Court has struck down a state law that caps damages for pain and suffering in personal injury lawsuits.

Tuesday, April 23rd 2019, 5:31 pm

By: News On 6

Oklahoma Supreme Court Invalidates Civil Justice Damages Cap

The Oklahoma Supreme Court has struck down a state law that caps damages for pain and suffering in personal injury lawsuits.

The state's highest court ruled Tuesday a civil justice statute limiting non-economic damages in personal injury lawsuits to $350,000 is an unconstitutional special law that treats people who survive injuries differently than those who don't.

The decision involves a lawsuit by an oilfield services worker whose left arm was amputated following an accident. An Oklahoma County jury awarded the worker and his wife $6 million for pain and suffering, an award that was reduced to $700,000 by the cap.

The cap was adopted by the Legislature and signed into law by former Gov. Mary Fallin in 2011. It's among several civil justice reform measures that have been invalidated.

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