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Attorney Ashley Schovanec in article on potential Oklahoma civil lawsuit award caps

Attorney Ashley Schovanec Web

Ashley M. Schovanec is a litigation attorney who represents individuals and both privately-held and public companies in a wide range of civil litigation matters.

Ashley M. Schovanec, Phillips Murrah Litigation Attorney, was quoted in a Journal Record article by Steve Metzer regarding the decision by Chris Kannady, chairman of the Oklahoma House Judiciary Committee, to consider a legislative compromise to a ruling that made caps on certain damages in civil lawsuits unconstitutional.

Read Schovanec’s comments below:

Ashley M. Schovanec, a litigation attorney with the firm of Phillips Murrah, said another result of the Supreme Court’s decision might be that businesses will be more likely to settle lawsuits than contest them on legal grounds,

Because the risk of large verdicts just went up, cases may settle earlier because of the uncertainty associated with leaving a damages calculation up to a jury,” she said.

Read the full article from the Journal Record.

Oklahoma Supreme Court ruling on noneconomic damages could have profound impact

On Tuesday, the Oklahoma Supreme Court ruled Oklahoma’s statutory cap on noneconomic damages violates the Oklahoma Constitution because it singles out for different treatment less than the entire class of similarly situated persons who may sue to recover for bodily injury.

Attorney Ashley Schovanec Web

Ashley M. Schovanec is a litigation attorney who represents individuals and both privately-held and public companies in a wide range of civil litigation matters.

In plain terms, the court found the statute is a “special law” that limits a living plaintiff’s right to recover noneconomic damages to no more than $350,000 and cannot be reconciled with the provision of the Oklahoma Constitution that expressly forbids any statutory damages limitation for injuries resulting in death.

Oklahoma’s statutory cap provides that in any civil action arising from claimed bodily injury, the trier of fact may award a plaintiff for noneconomic loss no more than $350,000, regardless of the number of parties against whom the action is brought or the number of actions brought—unless the claimed bodily injury is the result of more than mere negligence (i.e. reckless disregard for the rights of others, gross negligence, fraud, intentional injury, or malice).

The statute defines noneconomic damages as “nonpecuniary harm that arises from a bodily injury that is the subject of a civil action” and includes damages for, among other things, pain and suffering, loss of consortium, companionship, mental anguish, etc.

In Beason v. I.E. Miller Services, Incorporated, an employee was injured while operating a crane in his employment with I.E. Miller Services. As a result of his injuries, the employee underwent two amputations on parts of his arm. The employee and his wife sued I.E. Miller in a personal injury action. The matter went to trial in Oklahoma County and the jury awarded the employee and his wife a combined total of $15 million – $6 million of which was allocated as noneconomic damages. Applying the statutory cap, the district court reduced the jury verdict to $9.7 million, as the noneconomic damages to plaintiffs was lowered to $700,000, or $350,000 per person. On appeal to the Oklahoma Supreme Court, plaintiffs challenged the damages cap.

The Oklahoma Supreme Court held the statutory noneconomic damages cap is unconstitutional for one reason: the statue purports to limit recovery for pain and suffering in cases where the plaintiff survives the injury-causing event, while persons who die from the injury-causing event face no such limitation under Oklahoma Constitution Article 23, section 7 (“The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation . . . . ”).

The court explained that “[b]y forbidding limits on recovery for injuries resulting in death, the people have left it to juries to determine the amount of compensation for pain and suffering in such cases, and no good reason exists for the Legislature to provide a different rule for the same detriment simply because the victim survives the harm-causing event.”

Moving forward, the court noted that if the people of Oklahoma believe the jury system and judicial review are no longer effective in deciding compensation in private personal injury cases, then constitutional amendment is the proper way to make such a change, “not a special law.”

The impact of the Oklahoma Supreme Court’s decision in Beason is profound.

Now, after Beason, with the statutory damages cap removed, an unemployed, catastrophically injured plaintiff, and a defendant, may be looking at a substantially different recovery and exposure.  Consequently, and somewhat counter-intuitively, because the risk of large verdicts just went up, cases may settle earlier because of the uncertainty associated with leaving a damages calculation up to a jury.

Ashley M. Schovanec is a litigation attorney with the law firm of Phillips Murrah.

Phillips Murrah attorneys volunteer for Cavett Kids Foundation

Monica Y. Ybarra, OCBA Community Service Committee Vice Chair, with attorney Ashley Schovanec

Attorney Monica Y. Ybarra, OCBA Community Service Committee Vice Chair, with attorney Ashley Schovanec.

Phillips Murrah attorneys Nicholle Jones Edwards, Kayce L. Gisinger, Monica Y. Ybarra, and Ashley M. Schovanec were on site at The Children’s Hospital at OU Medical Center on July 6 to lend a helping hand to the children heading to Camp Cavett.

“Monica, who is on the Oklahoma County Bar Association’s Community Service Committee, let the Phillips Murrah attorneys know that volunteers were needed to help with the Camp Cavett camp check-in,” Schovanec said. “On Wednesday morning, Nikki, Monica, Kayce and I helped do things like pass out camp T-shirts, help with luggage, and pass out luggage tags to help the camp check-in process go smoothly.”

Chance Pearson, OCBA Community Service Committee Chair, with Director Nicholle Jones Edwards, Jenna and Claudette Greenway, Cavett Kids Board Member.

Chance Pearson, OCBA Community Service Committee Chair, with Director Nicholle Jones Edwards, Jenna and Claudette Greenway, Cavett Kids Board Member.

The Cavett Kids Foundation serves hundreds of children with various life-threatening and chronic illnesses every year.

“Among other things, the Cavett Foundation provides a unique summer camp experience that meets the medical needs of its campers without distracting from the fun of summer camp,” Ybarra said.

Phillips Murrah attorneys, along with other volunteers from the Oklahoma County Bar Association’s Community Service Committee, assisted campers and their families through the check-in process and saw the kids off to camp.

“Just because a child suffers from a life-threatening or chronic illness doesn’t mean they shouldn’t have the opportunity to go to summer camp,” Schovanec said. “What a heartwarming sight it was to see the look on each of the kids’ faces as they walked (or ran) to the summer camp check-in stations.”

To learn how to get involved and volunteer with Cavett Kids, click here.

Phillips Murrah welcomes two new attorneys

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Erica K. Halley and Ashley M. Schovanec have joined the firm as associate attorneys.

Erica K. Halley has joined Phillips Murrah’s Transactional Practice Group as an associate attorney.

Halley represents individuals and businesses in a broad range of transactional matters.

Phillips Murrah also welcomed Ashley M. Schovanec to the firm’s Litigation Practice Group as an associate attorney.

Schovanec represents individuals and both privately-held and public companies in a wide range of civil litigation matters.

Halley and Schovanec are recent graduates of the University of Oklahoma School of Law.