Supreme Court Strikes Down Statutory Cap on Noneconomic Damages

The Oklahoma Supreme Court on Tuesday struck down the state’s statutory limit on noneconomic damages as unconstitutional. Oklahoma Statutes Section 61.2 had provided a $350,000 cap on noneconomic damages for ordinary negligence cases that do not result in death. The Supreme Court said Section 61.2 is “wrought with an irremediable constitutional infirmity” because it singles out less than the entire class of similarly situated persons who may sue to recover for bodily injury. The case was Beason v. I.E. Miller Services. James Benson suffered severe injuries to his arm when...