Thiry v. Armstrong World Industries

While I join the court’s opinion, I write separately to articulate my reasons for con-burring in the answers given by today’s pronouncement.

I

The first question before us is whether under Oklahoma law punitive damages may be recovered in an action founded upon the theory of “manufacturers’ products liability”.1

Statutory law of this state explicitly sanctions allowance of punitive damages in all actions except those ex contractu. The terms of 23 O.S.1981 § 9 unmistakably provide that “for the breach of an obligation not arising from contract” a jury award “for the sake of example” and “by way…