Bill to Cap Civil Damages Passed by Oklahoma Legislature

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A Republican-sponsored proposal to cap damages for pain and suffering in civil lawsuits to $350,000 headed to the governor’s desk after the Oklahoma Senate approved it on April 4 in a vote mostly along party lines.

The House approved HB 2128 previously, and Republican Gov. Mary Fallin who campaigned on a plan to overhaul the state’s civil justice system, has signed it.

Republican leaders say the bill is a crucial part of an overhaul needed to reduce doctors’ and businesses’ liability costs.

“Oklahoma can now not only be competitive in the recruitment of jobs and doctors, we can best our competition with lawsuit reforms that lower the cost of business and end defensive medicine,” said Senate President Pro Tem Brian Bingman, R-Sapulpa.

The cap does not affect other damages like lost income and medical expenses. It also provides the $350,000 limit can be lifted in cases where the defendant is determined to have acted with gross negligence, reckless disregard or malicious conduct.

But opponents contend the bill violates the constitution, which requires juries to determine awards in civil cases.

Sen. Patrick Anderson, R-Enid, said he was disappointed that Senate leaders refused to consider any amendments to the bill and instead decided to “railroad an issue through the process without any discussion.”

The Senate voted 30-14 to approve the bill.

“People on both sides of this bill know it’s unconstitutional, but they get paid a whole lot of money to lobby us for tort reform,” Anderson said. “Amend the state constitution if you truly want tort reform.”

Several Democrats argued juries that hear all of the facts in a case should decide how much a plaintiff should receive, not politicians.

“We have no right to make any kind of decision about pain and suffering,” said Judy Eason McIntyre, D-Tulsa. “This is a bill, if you’ve got any kind of conscience, that will haunt you.”

Connie Plumlee, a schoolteacher from Collinsville whose face was severely burned after a surgery fire, joined several dozen opponents of the measure in the Senate gallery during debate on the bill.

“A jury should decide what my injuries are worth,” said Plumlee, who has a case pending against her surgeon and a Tulsa hospital. “Politicians want to take away our right to let a jury decide what is fair. They would rather bail out careless doctors and insurance companies than pay attention to our rights in the Constitution.”

Fallin has also signed two other measures that are part of the comprehensive reform package: Senate Bill 862 and Senate Bill 865.

SB 862 eliminates joint and several liability, sometimes known as the “deep pocket” rule, where each and every defendant in a tort lawsuit is liable for the entire amount of a plaintiff’s damage regardless of their degree of fault. SB 862 eliminates the “deep pocket” consideration, ensuring that plaintiffs seek defendants who are most at fault rather than defendants with the most financial assets.

SB 865 requires that juries be instructed in civil cases that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax; and the jury should not consider income taxes when determining a proper compensation award.