Oklahoma Senate Bill 1065 would increase the maximum award for noneconomic losses in cases arising from a claimed bodily injury from $350,000.00 (which was determined to be unconstitutional by the Oklahoma Supreme Court in 2019) to $500,000.00, beginning November 1, 2025. SB 1065 was approved by the Oklahoma Senate by a vote of 37 to 8 on March 24, 2025. The bill now heads to the Oklahoma House.
The Oklahoma Supreme Court stated in 2019 in its 5-to-3 Opinion in Beason v. I.E. Miller Services, Inc.: “At issue is the constitutionality of a legislative enactment—23 O.S. 2011 § 61.2—that statutorily limits a plaintiff’s recovery of noneconomic damages to $350,000 unless special findings are made. In this case, the trial court significantly reduced the jury’s award based on its application of 23 O.S. 2011 § 61.2(B)–(F). We conclude that the challenged statutory provision—the cap on actual noneconomic damages—is wrought with an irremediable constitutional infirmity: It is a special law categorically prohibited by Article 5, Section 46 of the Oklahoma Constitution. We hold that 23 O.S. 2011 § 61.2(B)–(F) is unconstitutional in its entirety, and we reverse the trial court’s judgment to the extent it modified—and reduced—the jury’s verdict in favor of the plaintiffs.”
“Here, the statutory cap on noneconomic damages resulting from bodily injury—contained in 23 O.S. 2011 § 61.2(B)–(F)—is the type of special law that is forbidden by Article 5, Section 46 of the Oklahoma Constitution. It is a special law because it targets for different treatment less than the entire class of similarly situated persons who sue to recover for bodily injury … The failing of the statute is that it purports to limit recovery for pain and suffering in cases where the plaintiff survives the injury-causing event, while persons who die from the injury-causing event face no such limitation. See Okla. Const. art. 23, § 7 (“The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation ․”).”
“By forbidding limits on recovery for injuries resulting in death, the people have left it to juries to determine the amount of compensation for pain and suffering in such cases, and no good reason exists for the Legislature to provide a different rule for the same detriment simply because the victim survives the harm-causing event. And the people have demonstrated their intent that the Legislature not discriminate in this way by expressly prohibiting the Legislature from enacting special laws. Okla. Const. art. 5, § 46.”
“In holding that 23 O.S. 2011 § 61.2(B)–(F) is unconstitutional, we take care to emphasize that “[t]his Court does not correct the Legislature, nor do we take upon ourselves the responsibility of legislating by judicial fiat.” Zeier, 2006 OK 98, ¶ 31, 152 P.3d at 874. We “recognize[ ] that a statute is the solemn act of the Legislature.” Id. ¶ 12, 152 P.3d at 866. But we are required to apply the Oklahoma Constitution with absolute fidelity. And “a special statute under § 46 is never permissible.””
“In conclusion, special acts “create preferences and establish inequality.” Reynolds, 1988 OK 88, ¶ 19, 760 P.2d at 823. Because that is precisely what the Legislature has done here, we hold that 23 O.S. 2011 § 61.2(B)–(F) is a special law absolutely proscribed by Article 5, Section 46 of the Oklahoma Constitution.”
In light of the Oklahoma Supreme Court’s holding in Beason, we do not see how Senate Bill 1065 would pass constitutional muster. However, the members of the Oklahoma Supreme Court have changed since 2019 …
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