The Oklahoma Supreme Court recently struck down their state's damages caps. A copy of the opinion is here. In a 5-3 opinion that has far-reaching implications for personal injury litigants, the Oklahoma Supreme Court ruled today that a $350,000 cap on the recovery of non-economic damages — commonly referred to as damages for pain and suffering — is unconstitutional. The lawsuit cap was enacted by the Legislature in a 2009 tort reform omnibus bill and was amended in 2011.
Tuesday, the Court held the statute was an impermissible “special law” because it targeted for different treatment only those who survive and bring civil lawsuits to recover for bodily injury. The statute did not impose the cap on wrongful death lawsuits brought on behalf of the estates of persons killed in accidents.
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