Legal Opinion · Concurring in part, dissenting in part
Wagoner v. Bennett
Supreme Court of Oklahoma
Decided July 9, 1991No. 76081Published
1Concurring in part, dissenting in partOpala, Chief Justice
In Part I of its opinion the court holds that the double-damages provision for wrongful eviction in § 1231 of the Oklahoma Residential Landlord and Tenant Act (41 O.S.1981 § 101 et seq.) (Act) bars a tenant’s recovery of both punitive damages and twice his (or her) actual damages “for the same wrongful eviction.” I concur in this view. The inclusion of punitive damages in that Act’s modified common-law breach-of-contract remedy would violate the interdiction of 23 O.S.Supp.1986 § 9.2 In Part II the court construes § 123 as creating the exclusive remedy for wrongful eviction claims, ex…
2Cases cited42 opinions
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- Lindsey v. NormetSupreme Court of the United States · 1972
- Hinson v. CameronSupreme Court of Oklahoma · 1987
- Davis v. DavisSupreme Court of Oklahoma · 1985
- Ricks Exploration Co. v. Oklahoma Water Resources BoardSupreme Court of Oklahoma · 1984
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