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OK HB2128

Bill

Status

Passed

4/5/2011

Primary Sponsor

George Faught

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Origin

House of Representatives

2011 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Prohibits juries from being informed of the $350,000 noneconomic damages cap during trial proceedings.

  • 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

Committee Referrals

Rules3/22/2011
Judiciary2/8/2011

Full Bill Text

No bill text available