State of Oklahoma
House of Representatives

FOR IMMEDIATE RELEASE

March 22, 2011

Representative James Lockhart

Majority Leadership Sides with Corporate Interests
Over Constitution, Constituents

OKLAHOMA CITY (March 22, 2011) With the passage of House Bill 2128, majority leadership has proven how they perceive “tort reform”, which is to heavily tilt the courts toward companies who would rather not be responsible for their product if it injures or kills a person.

Last Tuesday, Democrats and Republicans alike successfully killed an amendment to HB2128 by a vote of 68-32, but a mere 24 hours later 27 Republican legislators flipped their vote in favor of the amendment and passed the bill by a vote of 57-40.

One lawmaker notes that those who have not paid attention or disregard what they sense is “politics as usual” should take heed to this measure that oppresses the rights of innocent, injured Oklahomans in order to further shelter negligent businesses.

Currently, civil claims have a non-economic maximum award of $400,000.00, unless the victim sufferspermanent and substantialphysical abnormalities or disfigurement, to include the loss of use of a limb, or complete loss of limb, or substantial impairment to a major body organ or system. In these extreme instances, the judge or jury can remove this cap due to the severity of the injuries.

However, last Wednesday 57 Republicans passed HB2128 to lower this cap to $350,000 and to eliminate the right of a judge or jury to remove this cap in cases where the victim suffers permanent and substantial physical abnormalities or disfigurement.

“I am appalled at the actions of leadership who turned their backs on innocent, injured constituents in order to stand on the side of businesses at fault”, said Representative James Lockhart, D-Heavener. “This isn’t about ‘tort reform’ and frivolous lawsuits; this is about the most outrageous and horrible cases of negligence and the victims who become permanently disfigured and disabled as a result.”

During debate on the bill it was noted that other states that passed similar measures saw their legislation overturned when it faced constitutional challenges.

“We are elected by individuals to represent their interests – we are not elected by companies,” stated Rep. Lockhart. “The Constitution says ‘We the People’, not ‘We the Companies’. This measure benefits big businesses and insurance companies and will hurt honest hardworking middle-class families. I strongly opposed this bill, and I will continue to do all I can to protect the rights of hardworking Oklahomans, as apparently their voice is stifled here in the halls of our Capitol.”