Stitt
OKLAHOMA CITY - Oklahoma lawmakers sent a bill that would limit certain damages in lawsuits to Gov. Kevin Stitt, who has already struck a deal with them to approve it as part of budget negotiations.
The legislative session ends May 30, eight days after both the House of Representatives and the Senate approved SB 453. The bill would cap non-economic damages at $500,000, with some exceptions allowing for more.
The Senate voted 37-8 to pass, and the House voted 61-19 on May 22. Stitt said May 14 when announcing the budget deal that the "agreement shows the kind of leadership that Oklahomans expect - fiscally responsible, conservative guidance," while Senate Pro Tem Lonnie Paxton said SB 453 "will reduce frivolous lawsuits and make Oklahoma a more attractive place to do business."
It's been six years since the state Supreme Court struck a $350,000 cap on non-economic damages under the idea wrongful-death plaintiffs and living plaintiffs were treated unequally.
Under the bill, Oklahoma's cap would go up to $1 million for permanent mental injuries and won't apply to permanent and severe injuries, like amputations. Exceptions to the cap would occur in instances of fraud, gross negligence, reckless disregard and malicious intent.
Legislators can feel more confident SB 453 would withstand a court challenge this time around, with a majority of justices on the court now having been appointed by Republican governors.
The cap helps businesses avoid blockbuster verdicts and doesn't apply to actual damages sustained by plaintiffs. The bill also provides stronger requirements for expert testimony, with proponents hoping it keeps "junk science" out of court.
Gov. Stitt didn't approve of everything lawmakers passed in the legal world this year though. He vetoed one bill that gave Attorney General Gentner Drummond more discretion on how to spend money obtained in settlements from opioid lawsuits.
"This would hand even more power to someone who has repeatedly demonstrated his willingness to abuse it," Stitt's veto message says. "It paves the way for him to further entrench his 'sue-and-settle' strategy, a tactic that favors political allies over the best interests of the State, not unlike the approach we've see from Biden's EPA and DOJ."
Another passed bill would've given Drummond's office a "Public Access Counselor," who would review denied requests for public records. Stitt said it would let the AG's office demand internal records and attorney-client communications from state agencies it is also suing.
"For example, the current Attorney General has sued the Statewide Charter School Board, an entity he previously represented," the veto message says.
"If this bill became law, he could compel the board to hand over privileged information, giving him an unfair advantage in ongoing litigation."
Drummond last week urged lawmakers to override Stitt's vetoes. He called a number of Stitt's 45 vetoes "plainly inexplicable." The legislature has overridden 43 vetoes in previous years.
"The power is with the people, and the people are most directly represented by the men and women they have sent to the House and Senate," Drummond said.
"For the sake of making certain that the Legislature remains a co-equal branch of government, it is my hope legislative leaders strongly consider overriding these vetoes, many of which are simply baffling and bizarre.”
