Never Underestimate the Generosity of a Civil Jury

"You never know what a jury is going to do." This is something we regularly tell clients when considering settlement or a jury trial. As lawyers, we can evaluate a case based upon the facts and the law, and we also try to account for such intangibles as witness likeability. However, it is impossible to predict how a jury of 6 or 12 or more people, probably none of them lawyers, will evaluate the same evidence and witnesses. Although we make an effort to screen out potential jurors who may harbor a particular bias or bad feeling about our client or employers in general, we cannot eliminate the social or experiential factors that may affect each jurors' own perception of the case.

An example of a jury verdict that was not predicted by the defense comes to us from South Carolina. In a personal injury case filed against Target, a jury in Anderson County awarded the plaintiff $4.6 million dollars. This case arose out of an unfortunate situation where the plaintiff's young daughter found a used hypodermic needle in a parking lot of a Target store. The child picked it up, and the plaintiff swatted it out of her hand, causing the needle to stick in the plaintiff's hand. After her injury, the plaintiff received medical treatment, including testing for HIV and hepatitis. She was also prescribed medication because of the potential risk that she would contract HIV. She has tested negative for both HIV and hepatitis thus far, documents show.

How do we know that this verdict came as a surprise to the defense? Because before trial, the defense rejected a $12,000 settlement demand from the plaintiff. The defense had offered $750.00 to settle the case.

It is probable that the case will now go up on appeal. Regardless of the result of the appeal process, news of a verdict of this magnitude cannot be erased from public consciousness.