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OK HB2128
Bill
Status
4/5/2011
Primary Sponsor
George Faught
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AI Summary
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Amends Oklahoma law to cap noneconomic damages in civil actions for bodily injury at $350,000, down from $400,000, regardless of the number of defendants or claims filed.
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Eliminates the cap on noneconomic damages when a defendant's conduct is found by clear and convincing evidence to be reckless, grossly negligent, fraudulent, or intentional/malicious.
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Requires courts to enter separate judgments for economic damages (unlimited) and noneconomic damages (capped at $350,000 unless exception applies), with juries instructed to return findings on both categories.
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Prohibits juries from being informed of the $350,000 noneconomic damages cap during trial proceedings.
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Takes effect November 1, 2011 and applies only to civil actions filed on or after that date; excludes claims under the Governmental Tort Claims Act and wrongful death actions.
Legislative Description
Damages; limitations on damages for bodily injury; modifying recovery cap on certain noneconomic damages; effective date.
Civil and Criminal Procedure and Courts
Last Action
Approved by Governor 04/05/2011
4/5/2011