Legal Opinion · Dissent
BEASON v. I. E. MILLER SERVICES, INC.
Supreme Court of Oklahoma
Decided April 23, 2019No. 114,301Published
1DissentWinchester, J.
¶ 1 I respectfully dissent. It is important to point out what 23 O.S.2011, § 61.2 does not do: (1) it does not cap damages in cases of wrongful death; (2) it does not cap economic damages for lost wages; (3) it does not cap economic damages for medical expenses; and (4) it does not bar the first $350,000 of non-economic damages, such as pain and suffering. With the passage of § 61.2, the Legislature determined that, due to the subjective nature of a recovery for pain and suffering, such damages should be capped at $350,000 in ALL "civil action[s] arising from a claimed bodily injury." 23…
2Cases cited210 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Carlson v. GreenSupreme Court of the United States · 1980
- Addington v. TexasSupreme Court of the United States · 1979
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
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