What Happens When the Jury Gets it Wrong?

You’ve gone to trial and put on your best case. All the evidence is in. And yet, somehow the jury comes back with a $0 verdict. You’re stunned. Now what? What can you do when the jury gets it wrong?

 Anyone who has worked as a trial lawyer knows that the jury can be unpredictable. There are professionals that do nothing but help choose sympathetic juries, and even they sometimes have bad outcomes. Despite everything a trial attorney does, sometimes they get it wrong.

Sometimes, a jury will return an inconsistent verdict. Then it is up to the lawyers and the judge to correct the error as consistently as possible with what the jury intended. They can do this by requesting a new trial, “additur” or “remittitur”. These allow a judge to modify a jury award that is grossly inadequate or excessive by allowing the parties to consent to an amount it finds is the lowest (additur) or highest award (remittitur) that the evidence will support.

Fault Yes, Damages No

Take Pietila v Wisotzke, for example. Molly Pietila and Kent Wisotzke were skiing on Marquette Mountain. They collided and were knocked unconscious. Kent broke two bones in his hand and suffered a concussion. Molly had multiple skull fractures, including the entire right eye socket, and a severely broken nose. She also broke her jaw, knee, and hand.

As a result of her injuries, Molly had multiple surgeries. She was left with no sense of smell and a reduced sense of taste. She had double vision in her right eye and her jaw clicked and had limited movement. She testified at trial about how painful the condition was, how she was mortified by her appearance, and that she lost social enjoyment during her convalescence period.

The jury agreed that Kent Wisotzke was 50% at fault for Molly Pietila’s injuries, but it awarded no damages. The trial court awarded Molly an additur for past medical expenses, but refused to award any non-economic damages (including pain and suffering).

The Michigan Court of Appeals disagreed. It conceded that a jury could discount Molly’s embarrassment or insecurities (apparently she was quite attractive at trial). However it said:

“We find it inconceivable however, that plaintiff did not suffer excruciating pain from the time of injury until she was anesthetized, as well as during the recuperation process.”

The court sent the case back for a new trial on non-economic damages.

When the jury gets a verdict wrong, it is up to the trial attorneys and the judge to make it right. Through motions for new trials, additur, remittitur, and appeals, you can overcome a bad jury verdict and get the recovery you need from a personal injury lawsuit.

Dani K. Liblang is a personal injury attorney at The Liblang Law Office, P.C., in Birmingham, Michigan. If you have been seriously injured by someone else’s negligence, contact The Liblang Law Office, P.C., for a free consultation.