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SENATE FLOOR VERSION
February 11, 2025
SENATE BILL NO. 1065 By: Howard
An Act relating to damages; amending 23 O.S. 2021,
Section 61.2, which relates to limitation on
noneconomic loss compensation; increasing maximum
limitation on compensation for n oneconomic loss;
clarifying applicability of provisions; updating
statutory references; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 23 O.S. 2021, Section 61.2, is
amended to read as follows:
Section 61.2. A. In any civil action arising from a claimed
bodily injury, the amount of compensation which the trier of fact
may award a plaintiff for economic loss shall not be subject to any
limitation.
B. Except as provided in subsection C of this section, in any
civil action arising from a claimed bodily injury, the amount of
compensation which a trier of fact may award a plaintiff for
noneconomic loss shall not exceed Three Hundred Fifty Thousand
Dollars ($350,000.00) Five Hundred Thousand Dollars ($500,000.00) ,
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regardless of the number of parties against whom the action is
brought or the number of actions brought.
C. Notwithstanding subsection B of this section, there shall be
no limit on the amount of noneconomic da mages which the trier of
fact may award the plaintiff in a civil action arising from a
claimed bodily injury resulting f rom negligence if the judge and
jury finds, by clear and convincing evidence, that the defendant ’s
acts or failures to act were:
1. In reckless disregard for the rights of others;
2. Grossly negligent;
3. Fraudulent; or
4. Intentional or with malice.
D. In the trial of a civil action arising from claimed bodily
injury, if the verdict is for the plaintiff, the court, in a nonjury
trial, shall make findings of fact, and the jury, in a trial by
jury, shall return a general verdict accompanied by answers t o
interrogatories, which shall specify all of the following:
1. The total compensatory damages recoverable by the plaintiff;
2. That portion of the total compensatory damages representing
the plaintiff’s economic loss;
3. That portion of the total compensatory damages representing
the plaintiff’s noneconomic loss; and
4. If alleged, whether the conduct of the defendant was or
amounted to:
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a. reckless disregard for the rights of others,
b. gross negligence,
c. fraud, or
d. intentional or malicious conduc t.
E. In any civil action to recover damages arising from claimed
bodily injury, after the trier of fact makes the findings required
by subsection D of this section, the court shall enter judgment in
favor of the plaintiff for economic damages in the amount determined
pursuant to paragraph 2 of subsection D of this section, and subject
to paragraph 4 of subsection D of this section, the c ourt shall
enter a judgment in favor of the plaintiff for noneconomic damages.
Except as provided in subsection C of th is section, in no event
shall a judgment for noneconomic damages exceed the maximum
recoverable amounts set forth in subsection B of thi s section.
Subsection B of this section shall be applied in a jury trial only
after the trier of fact has made its factual findings and
determinations as to the amount of the plaintiff ’s damages.
F. In any civil action arising from claimed bodily injury which
is tried to a jury, the jury shall not be instructed with respect to
the limit on noneconomic damages set forth in subsection B of this
section, nor shall counsel for any party nor any witness inform the
jury or potential jurors of such limitations.
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G. This section shall not apply to actions brought under The
Governmental Tort Claims Act or actions for wrongful death brought
pursuant to Section 7 of Article XXIII of the Oklahoma Constitution .
H. As used in this section:
1. “Bodily injury” means actual physical injury to the body of
a person and sickness or disease resulting therefrom;
2. “Economic damages” means any type of pecuniary harm
including, but not limited to:
a. all wages, salaries or other compensation lost as a
result of a bodily injury that is the subject of a
civil action,
b. all costs incurred for medical care or treatment,
rehabilitation services, or other care, treatment,
services, products or accommodations as a result of a
bodily injury that is the subject of a civil action,
or
c. any other costs incurred as a result of a bodily
injury that is the subject of a civil action;
3. “Fraudulent” or “fraud” means “actual fraud” as defined
pursuant to Section 58 of Title 15 of the Oklahoma Statutes;
4. “Gross negligence” means the want of slight care and
diligence;
5. “Malice” involves hatred, spite or ill will, or the doing of
a wrongful act intentionally without just cause or excuse;
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6. “Noneconomic damages” means nonpecuniary harm that arises
from a bodily injury that is the subject of a civil action,
including damages for pain and suffering, loss of society,
consortium, companionship, care, assistanc e, attention, protection,
advice, guidance, counsel, instruction, training, education,
disfigurement, mental anguish and any other intan gible loss; and
7. “Reckless disregard of another ’s rights” shall have the same
meaning as willful and wanton conduct and shall mean that the
defendant was either aware, or did not care, that there was a
substantial and unnecessary risk that his, her or i ts conduct would
cause serious injury to others. In order for the conduct to be in
reckless disregard of another ’s rights, it must have been
unreasonable under the circumstances and there must have been a high
probability that the conduct would cause seri ous harm to another
person.
I. This section shall apply to civil actions filed on or after
November 1, 2011 November 1, 2025.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 11, 2025 - DO PASS