Okla. Stat. » Title 23 — DAMAGES
Oklahoma Statutes

Okla. Stat. tit. 23, § 97 (2026)

Damages must be reasonable

✓ current as of July 2026
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Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. R.L. 1910, § 2890.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1961–2023 · leading case: Walker v. St. Louis-San Francisco Ry. Co., 646 P.2d 593 (Okla. 1982).
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Walker v. St. Louis-San Francisco Ry. Co., 646 P.2d 593 (Okla. 1982). “” 23 O.S.1971, § 97. The issue of damages is left to the judgment of the jury, subject to our correction only if the jury was activated by prejudice or guilty of “abuse and passionate exercise.”
Webb v. Dayton Tire & Rubber Co. Etc., 697 P.2d 519 (Okla. 1985). “" 23 O.S.1981 § 97. Singly and in combination, these doctrines preclude a statutory construction that would ascribe an intended limitation upon the wrongful discharge remedy either to legislative silence as to punitive damages or to the mention in § 6 of “reasonable damages.”
West v. Bd. of Cnty. Commissioners, 273 P.3d 31 (Okla. 2011). “Title 23 O.S.2001 § 97 providing: "Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”
Schneberger v. Apache Corp., 890 P.2d 847 (Okla. 1994). “This court concluded that diminution in value was the proper measure of damages based on Oklahoma statutes which limit the recovery of damages to an amount that an aggrieved party would gain by full performance, 23 O.”
Missouri-Kansas-Texas R.R. Co. v. Edwards, 361 P.2d 459 (Okla. 1961). “Our decisions reflect that in determining whether the amount awarded as damages is excessive, we will give due consideration to the provisions of 23 O.S.1951 § 97, to the general effect that damages in all cases must be reasonable and that no more than reasonable damages may be…”
St. Louis-San Francisco Ry. Co. v. Fox, 359 P.2d 710 (Okla. 1961). “2d 274 , where a verdict awarding damages for pain and suffering was found to be excessive, we have repeatedly recognized the provisions of 23 O.S.1951 § 97, to the effect that damages in all cases must be reasonable and that no more than reasonable damages may be awarded.”
Hetronic Int'l, Inc. v. Rempe, 697 F. App'x 589 (10th Cir. 2017). “” Okla. Stat. tit. 23, § 97 (emphasis added); see also W.”
Walton v. Bennett, 376 P.2d 240 (Okla. 1962). “Defendant cites 23 O.S.1961 § 97, providing that “Damages must, in all cases, be reasonable, * * * ” and contends that a jury award for personal injuries and pain and suffering will be reduced when found to be excessive and that in determining whether a verdict is excessive, the…”
Willis v. Progressive Direct Ins. Co. (W.D. Okla. 2023). “” Okla. Stat. tit. 23, § 97 . Oklahoma follows the collateral source rule, which means that “compensation given to the injured party from a collateral source wholly independent of the wrongdoer does not operate to lessen the damages recoverable from the person who causes the…”
Reece v. Pletcher, 834 P.2d 454 (Okla. Civ. App. 1992). “” He relies on 23 O.S.1991 § 97. It provides: Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be…”
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