Okla. Stat. tit. 51, § 51-154v2

convictions resulting in imprisonment - Punitive or exemplary

damages - Joinder of parties - Several liability.

A. The total liability of the state and its political

subdivisions on claims within the scope of The Governmental Tort

Claims Act, arising out of an accident or occurrence happening after

October 1, 1985, Section 151 et seq. of this title, shall not

exceed:

1. Seventy-five Thousand Dollars ($75,000.00) for any claim or

to any claimant who has more than one claim for loss of property

arising out of a single act, accident, or occurrence;

2. a. Two Hundred Twenty-five Thousand Dollars ($225,000.00)

to any claimant for any number of claims for

inconvenience, annoyance, or discomfort in nuisance

claims arising out of a single act, accident, or

occurrence in a county with a population of less than

one hundred fifty thousand (150,000) according to the

latest Federal Decennial Census, or

b. Two Hundred Seventy-five Thousand Dollars

($275,000.00) to any claimant for any number of claims

for inconvenience, annoyance, or discomfort in

nuisance claims arising out of a single act, accident,

or occurrence in a county with a population of one

hundred fifty thousand (150,000) or more according to

the latest Federal Decennial Census;

3. a. In no event shall the total liability of the state and

its political subdivisions for a claim for nuisance

exceed Two Hundred Seventy-five Thousand Dollars

($275,000.00) per occurrence.

b. In no event shall the total liability of the state and

its political subdivisions for a claim arising from

Oklahoma Statutes - Title 51. Officers Page 99

municipal sewer overflow exceed Two Hundred Seventy-

five Thousand Dollars ($275,000.00) per occurrence;

4. Except as otherwise provided in this paragraph, Two Hundred

Fifty Thousand Dollars ($250,000.00) to any claimant for a claim for

any other loss arising out of a single act, accident, or occurrence.

The limit of liability for the state or any city or county with a

population of one hundred fifty thousand (150,000) or more according

to the latest Federal Decennial Census, or a political subdivision

as defined in subparagraph s of paragraph 12 of Section 152 of this

title, shall not exceed Three Hundred Seventy-five Thousand Dollars

($375,000.00). Except, however, the limits of liability for the

University Hospitals and state mental health hospitals operated by

the Department of Mental Health and Substance Abuse Services for

claims arising from medical negligence shall be Three Hundred

Thousand Dollars ($300,000.00). For claims arising from medical

negligence by any licensed physician, osteopathic physician or

Certified Nurse-Midwife rendering prenatal, delivery or infant care

services from September 1, 1991, through June 30, 1996, pursuant to

a contract authorized by subsection C of Section 1-106 of Title 63

of the Oklahoma Statutes and in conformity with the requirements of

Section 1-233 of Title 63 of the Oklahoma Statutes, the limits of

liability shall be Two Hundred Thousand Dollars ($200,000.00);

5. One Million Dollars ($1,000,000.00) for any number of claims

for indemnification pursuant to Section 162 of this title arising

out of a single occurrence or accident; or

6. Two Million Dollars ($2,000,000.00) in the aggregate for any

number of claims arising out of a single occurrence or accident.

B. 1. Beginning on May 28, 2003, claims shall be allowed for

wrongful criminal felony conviction resulting in imprisonment if the

claimant has received a full pardon on the basis of a written

finding by the Governor of actual innocence for the crime for which

the claimant was sentenced or has been granted judicial relief

absolving the claimant of guilt on the basis of actual innocence of

the crime for which the claimant was sentenced. The Governor or the

court shall specifically state, in the pardon or order, the evidence

or basis on which the finding of actual innocence is based.
finding by the Governor of actual innocence for the crime for which

the claimant was sentenced or has been granted judicial relief

absolving the claimant of guilt on the basis of actual innocence of

the crime for which the claimant was sentenced. The Governor or the

court shall specifically state, in the pardon or order, the evidence

or basis on which the finding of actual innocence is based.

2. As used in paragraph 1 of this subsection, for a claimant to

recover based on “actual innocence”, the individual must meet the

following criteria:

a. the individual was charged, by indictment or

information, with the commission of a public offense

classified as a felony,

b. the individual did not plead guilty to the offense

charged, or to any lesser included offense, but was

convicted of the offense,

c. the individual was sentenced to incarceration for a

term of imprisonment as a result of the conviction,

Oklahoma Statutes - Title 51. Officers Page 100

d. the individual was imprisoned solely on the basis of

the conviction for the offense, and

e. (1) in the case of a pardon, a determination was made

by either the Pardon and Parole Board or the

Governor that the offense for which the

individual was convicted, sentenced and

imprisoned, including any lesser offenses, was

not committed by the individual, or

(2) in the case of judicial relief, a court of

competent jurisdiction found by clear and

convincing evidence that the offense for which

the individual was convicted, sentenced and

imprisoned, including any lesser included

offenses, was not committed by the individual and

issued an order vacating, dismissing or reversing

the conviction and sentence and providing that no

further proceedings can be or will be held

against the individual on any facts and

circumstances alleged in the proceedings which

had resulted in the conviction.

3. A claimant shall not be entitled to compensation for any

part of a sentence in prison during which the claimant was also

serving a concurrent sentence for a crime not covered by this

subsection.

4. The total liability of the state and its political

subdivisions on any claim within the scope of The Governmental Tort

Claims Act arising out of wrongful criminal felony conviction

resulting in imprisonment shall not exceed One Hundred Seventy-five

Thousand Dollars ($175,000.00).

5. The provisions of this subsection shall apply to convictions

occurring on or before May 28, 2003, as well as convictions

occurring after May 28, 2003. If a court of competent jurisdiction

finds that retroactive application of this subsection is

unconstitutional, the prospective application of this subsection

shall remain valid.

C. No award for damages in an action or any claim against the

state or a political subdivision shall include punitive or exemplary

damages.

D. When the amount awarded to or settled upon multiple

claimants exceeds the limitations of this section, any party may

apply to the district court which has jurisdiction of the cause to

apportion to each claimant the claimant’s proper share of the total

amount as limited herein. The share apportioned to each claimant

shall be in the proportion that the ratio of the award or settlement

made to each claimant bears to the aggregate awards and settlements

for all claims against the state or its political subdivisions

arising out of the occurrence. When the amount of the aggregate

Oklahoma Statutes - Title 51. Officers Page 101

losses presented by a single claimant exceeds the limits of

paragraph 1, 2, 3, or 4 of subsection A of this section, each person

suffering a loss shall be entitled to that person’s proportionate

share.

E. The total liability of resident physicians and interns while

participating in a graduate medical education program of the

University of Oklahoma College of Medicine, its affiliated

institutions and the Oklahoma State University College of
limits of

paragraph 1, 2, 3, or 4 of subsection A of this section, each person

suffering a loss shall be entitled to that person’s proportionate

share.

E. The total liability of resident physicians and interns while

participating in a graduate medical education program of the

University of Oklahoma College of Medicine, its affiliated

institutions and the Oklahoma State University College of

Osteopathic Medicine shall not exceed One Hundred Fifty Thousand

Dollars ($150,000.00).

F. The total liability of a public trust hospital and physician

for the acts of a physician who provides medical services on the

premises of a public trust hospital, as provided by Section 152 of

this title, that is located in a county with a population of fewer

than seventy-five thousand (75,000) according to the latest Federal

Decennial Census, but who is not employed by such hospital, shall

not exceed One Million Dollars ($1,000,000.00). If the physician is

employed by another group or entity not under the sole or majority

control of the physician, the total limit of liability of the

physician and hospital shall be the higher coverage afforded by the

liability policy, self-insurance, or assets of that group or entity.

G. For claims within the scope of The Governmental Tort Claims

Act, the liability limits in this section for claims on or after the

effective date of this act shall be adjusted beginning January 1,

2031, and every five (5) years thereafter for inflation to reflect

the lesser of the percentage change in the Consumer Price Index

published by the Bureau of Labor Statistics of the United States

Department of Labor for such period or four percent (4%) in any

five-year period.

H. The state or a political subdivision may petition the court

that all parties and actions arising out of a single accident or

occurrence shall be joined as provided by law, and upon order of the

court the proceedings upon good cause shown shall be continued for a

reasonable time or until such joinder has been completed. The state

or political subdivision shall be allowed to interplead in any

action which may impose on it any duty or liability pursuant to The

Governmental Tort Claims Act.

I. The liability of the state or political subdivision under

The Governmental Tort Claims Act shall be several from that of any

other person or entity, and the state or political subdivision shall

only be liable for that percentage of total damages that corresponds

to its percentage of total negligence. Nothing in this section

shall be construed as increasing the liability limits imposed on the

state or political subdivision under The Governmental Tort Claims

Act.