Last Tuesday the Oklahoma Senate Judiciary Committee passed Senate Bills 862, 863, 864, 865, and 866 in a previously unsurpassed assault on the constitutional right to trial by jury. This email will focus primarily on two bills: Senate Bill 863 which would impose a hard cap or upper limit of $250,000 on certain types of damages, and Senate Bill 864 which abolishes the collateral source rule thereby allowing a negligent Defendant a credit for life insurance, health insurance or disability insurance paid for by the injured victim or their survivors. All five bills were authored by Senator Anthony Sykes. All five bills mirror the State Chamber's legislative agenda and serve to stack the deck in favor of State Chamber Board Members like Bank of America, Boeing, Conoco-Phillips, Chesapeake, Devon, Dollar Thrifty, OneOK, Blue Cross and Blue Shield. For certain classes of severely injured victims or those who were responsible in buying their own insurance, a once level playing field would become no more.
One might legitimately ask what evidence supports the need for such radical reform of Oklahoma's system of legal redress. After all, the right to trial by jury is enshrined in our state's constitution under Article 2, Section 19. Senator Sykes stated that we need to pass these laws to attract businesses to Oklahoma. He offered not one credible study, not one piece of empirical evidence to support his statement. Perhaps he did not because he knows the argument is false. In 2010, there were 35 new companies which located to Oklahoma, an increase from 2009 of 118%. In 2010, 54 companies announced they would expand their businesses in Oklahoma, providing over 5,600 new jobs. Oklahoma has consistently ranked in the top tier of locations for businesses to relocate. To Read More Facts About the Business Rankings in Oklahoma, CLICK HERE.
Senator Sykes stated that these laws were necessary to help attract doctors to Oklahoma much like Texas has done. Again, he offered no studies and no empirical data to support his statement. The facts show that Oklahoma has the same number of doctors per capita as Texas. Oklahoma doctors also enjoy lower medical malpractice premiums than those in Texas and have for the last 5 years. To Read More Facts About the Medical Malpractice Condition in Oklahoma, Click Here.
On the other hand, numerous leading organizations like the AARP, NAACP, ABA and Women’s Policy Group, relying on both constitutional arguments as well as scientific studies and empirical data, have consistently opposed strict limitations on noneconomic damages because of the discriminatory effect on victims who are elderly, women or minorities. CLICK HERE TO VIEW THE Georgia amicus brief. CLICK HERE TO VIEW THE law professors amicus brief in Oklahoma Case.
So, if Senator Sykes has no factual basis for offering laws that radically change a citizens right to receive complete justice what would be the motivation. Judging from his campaign contributions, Senator Sykes has good reason to carry the State Chamber’s legislative agenda. CLICK HERE TO SEE A COMPLETE DONOR LISTING OF SENATOR SYKES
During the Judiciary Committee hearing, Senator Sykes displayed a shocking lack of interest in considering the potential consequences of his proposed new laws. For example, Senate Bill 863, would place an absolute upper limit of $250,000 on noneconomic damages which would include the impact on a victims life of brain damage, permanent paralysis or severe scarring. One of Senator Sykes own constituents asked for permission to testify before the Judiciary Committee about his wife who was diagnosed with cervical cancer after tests were improperly administered and read. Senator Sykes voted against letting his own constituent testify, but upon a motion by Senator Brian Crain, R-Tulsa, he was overruled and the constituent permitted to testify.
Sadly, Senate Bill 863 was passed along straight party lines. Senator Sykes was joined by Senators Rob Johnson, R-Kingfisher, Brian Crain, R-Tulsa, Josh Brecheen, R-Coalgate, Ralph Shortey, R-Oklahoma City, and Jonathan Nichols, R-Norman.
If Senate 863 becomes law then someone like Connie Plumlee, a teacher of over 30 years and former teacher of the year, who suffered a terribly disfiguring burn during surgery, would be limited to $250,000 for the scars she will carry for the rest of her life. Click here to watch a video of Connie Plumlee.
Send a message to these Senators that they should trust juries, not politicians, to determine what is fair and just. CLICK HERE to send a message.
Senator Brian Crain, R-Tulsa, and Senator Ralph Shortey, R-Oklahoma City, bravely bucked leadership and voted against Senate Bill 864, a bill which would allow a negligent Defendant to get a credit or offset if the victim or their family had life insurance, health insurance or disability insurance. In other words, if a person’s spouse was run over by a drunk driver, and that person had paid on life insurance their whole life, the drunk driver gets a credit for the amount of the life insurance. Senators Crain and Shortey recognized that is not fair, and in fact punishes those who are personally responsible. But Senate leader Brian Bingman and Schultz came in to the committee and voted to pass this bad bill out of committee.
Send a message to Senators Crain and Shortey we appreciate their standing up to their own leadership and doing what is right for consumers and victims. CLICK HERE to send a message.
SB 863- Would limit damages for things such as loss of the quality of life due to brain damage, permanent paralysis, quadriplegia, permanent impairment or scarring to $250,000 regardless of the severity of injury or the life expectancy of the victim. For more information on the topic of limits on non-economic damages, click here:
SB 864- would allow the negligent Defendant a credit for health insurance, life insurance or disability insurance paid by the injured victim thereby penalizing the victim for being prudent and personally responsible. For more information on the elimination of the collateral source rule, click here:
