The Oklahoma Supreme Court declared a $350,000 cap on noneconomic damages in personal injury cases unconstitutional today, in a CCL case. The Court held the $350,000 limit to have an "irremediable constitutional flaw," because the Oklahoma Constitution prohibits caps on damages in wrongful death cases, and this statute treated those who survive negligent injury less favorably. As a result, the Court found the statute to be a prohibited "special law."

     To explain the discrimination, the Court used the example of a collapsing brick wall. If one person is injured and eventually dies from those injuries, that person is entitled to the full verdict for noneconomic damages, as found by the jury. However, if a second person survives with catastrophic injuries, that person's recovery is limited, even though the person might live for decades with the consequences of the injury.

     In the underlying case, Beason v. I.C. Miller, Todd Beason was injured when the boom of a crane fell on him. His serious injuries included the need for two amputations of his arm.

     CCL served as co-counsel in the Oklahoma Supreme Court with the Abel Law Firm, which also tried the case.