Can a Judge Change a Jury’s Decision on Liability or Damages?
How the Defendant Might Challenge the Jury’s Verdict with Remittitur and Other Post-Trial Motions
The Seventh Amendment of the United States Bill of Rights protects a person’s right to a jury trial in civil cases, including those based on automobile accident injuries.
Many states have also guarded the right of trial by jury in their constitutions. For example, Section 11 of Article I of the Constitution of Virginia states that in civil lawsuits, “trial by jury is preferable to any other, and ought to be held sacred.”
The civil jury defends accident victims against more powerful and wealthy defendants such as large businesses and insurance companies. Sir William Blackstone, a legal scholar whose Commentaries on the Laws of England influenced our nation’s founding fathers and the Supreme Court continues to cite, explained why the right to a jury trial is essential.
The most powerful individual in the state will be cautious of committing any flagrant invasion of another’s right, when he knows that the fact of his oppression must be examined and decided by twelve indifferent men, not appointed till the hour of trial; and that, when once the fact is ascertained, the law must of course redress it. This therefore preserves in the hands of the people that share which they they ought to have in the administration of public justice, and prevents the encroachments of the more powerful and wealthy citizens.
Despite the jury’s intended role in determining liability and assessing how much money a person can recover in damages for personal injuries, large corporations and insurance companies often try to get the judge to change the jury’s verdict.
This article explains how defendants challenge jury verdicts in slip and fall, medical malpractice, product liability, intentional tort, and car crash cases, and when the judge might overturn the jury’s award of damages.
Keep reading to learn more about protecting your injury award from the defendant’s motions to reduce the verdict (remittitur) or have a new trial.
Call me for a free consultation when you finish: (804) 251-1620 or (757) 810-5614. See why other attorneys and past accident clients have voted me one of Virginia’s best personal injury lawyers.
What is a Jury?
A jury is a group of persons selected to decide questions of fact and give a verdict based on the evidence submitted to them in court.
The number of jurors varies depending on what court has jurisdiction over your case and hears the trial.
For example, Federal Rule of Civil Procedure 48 states that a jury must have at least six and no more than twelve members, while the Constitution of Virginia states there must be at last five jurors for civil cases.
Who Decides the Amount of Damages Awarded in Personal Injury Cases?
The jury decides the verdict amount in all civil cases, including negligence and tort lawsuits.
In motor vehicle accident and personal injury cases, the judge decides all questions of law, including what evidence is admissible, and the jury determines all issues of fact.
How much money to award in a lawsuit is a factual issue. Therefore, the jury decides it.
Insurance companies and corporate defendants cannot dispute this legal principle. The U.S. Supreme Court has said “nothing is better settled than that, in such cases as the present, and other actions for torts where no precise rule of law fixes the recoverable damages, it is the peculiar function of the jury to determine the amount by their verdict.”
After hearing the parties’ evidence, the jury decides whether the defendant is liable (responsible) for your injuries under strict liability or negligence theories and, if so, how much money you should receive for your damages and losses. The verdict must be unanimous, meaning that each jury member agrees with the outcome.
What is a Jury Verdict?
In tort claims, a verdict is the jury’s formal finding on fact based on the evidence and the judge’s instructions.
The judge’s instructions tell the jury what legal points are relevant and explain how to apply the law to the jury’s factual findings.
Most states use “pattern jury instructions” in civil cases. Pattern instructions are a model set of instructions that describe the elements of each claim the plaintiff must prove to recover damages. Virginia is one of these states.
There are different types of jury verdicts. The most common verdict in personal injury trials is a general verdict.
A general verdict is one where the jury finds for one party or the other without explaining why and states the money damages the defendant must pay the injured person.
For example, a general verdict might state: “We the Jury find for the plaintiff for $500,000.00.”
Can the Judge Overturn the Jury’s Factual Findings?
Yes. The judge can overrule the jury’s factual findings on liability and the damages amount in limited circumstances.
The U.S. Constitution authorizes the civil jury to decide facts without reexamination by any court.
However, there are situations where a judge can overturn the jury’s verdict as a matter of law. The judge has the power to ensure the jury trial and the outcome are fair and impartial.
Post-Trial Motions: How the Defendant Attacks the Jury Verdict
There are two reasons defendants file post-verdict motions in personal injury cases: (1) to ask the trial court for relief from the damages award and (2) to preserve an error on appeal.
A defendant that is unhappy when it loses and thinks the jury’s damages award is unreasonable has several options.
Let’s examine each.
Motion to Set Aside the Verdict as Excessive
A defendant may file a motion to set aside the verdict if it believes the jury’s damages award is so excessive that it proves the jury acted contrary to the law or if state law requires a reduction.
Excessive Jury Verdicts
The trial court must set aside the jury verdict as excessive:
If the amount awarded is so great as to shock the conscience of the court and to create the impression that the jury has been motivated by passion, corruption or prejudice, or has misconceived or misconstrued the facts or the law, or if the award is so out of proportion to the injuries suffered as to suggest that it is not the product of a fair and impartial decision, the court is empowered, and in fact obligated, to step in and correct the injustice.
Other courts use a similar legal test when deciding if jury verdict excessive but may use the terms “outrageous” or “inordinate.”
In determining whether a verdict is excessive, the trial court must consider the evidence in the light most favorable to the plaintiff (injured person) that received the jury verdict. It is not enough that the judge might have decided the case differently, or there is more evidence against the verdict than for it. The jury weighs the evidence, not the judge. And the judge cannot legally substitute their judgment for that of the jury.
This legal standard is why it is difficult for defendants to persuade a judge to overturn the jury’s damages award.
Legislative Caps on Jury Verdicts
The trial court must reduce the jury verdict as excessive if state law requires it.
Some state legislatures have passed laws capping the amount of damages recoverable for specific claims.
For example, Virginia has capped medical malpractice damages to around $2 million and punitive damages to $350,000.
Motion for a New Trial
Either party to a lawsuit can file a motion for a new trial.
A court will grant a new trial motion if the facts show that the jury’s verdict did not serve justice and the filing party meets specific procedural requirements.
Common grounds for a new trial include:
- After-Discovered Evidence (Newly-Discovered Evidence): The court will grant a new trial based on newly-discovered evidence if the defendant shows that it (1) discovered the evidence after trial, (2) could not have obtained the evidence for trial with due diligence, (3) the evidence is not merely cumulative or corroborative, and (4) the evidence is material and would likely produce a different result at a new trial.
- Attorney Misconduct: This category includes situations where a lawyer tampers with the jury, introduces evidence that the judge ruled inadmissible, or appeals to the jury’s passion and prejudices beyond what is allowed.
- Judge’s Error: A judge may grant a new trial if he or she made a mistake when ruling on the evidence or the proper jury instructions, and this error likely affected the trial’s outcome.
- Jury Bias: The jury in a civil or criminal trial should include impartial jurors who can make a decision based only on the evidence presented and nothing else. Unfortunately, biased jurors sometimes make it through the jury selection (voir dire) process before the trial starts. If the defendant learns that a juror posted negative things on Facebook or Twitter and then deleted them before the trial began, the defendant may have a valid basis for its motion.
- Jury Misconduct: The court will grant a new trial if it learns that jurors discussed the case with others outside the jury, brought inadmissible evidence into the jury deliberations, or sold their vote to one of the litigations or a third-party.
- Surprise: At the trial, a party might allege facts or claims that were not disclosed in the legal complaint or during the discovery process, and that the other party is not prepared to answer. The court may order a new trial if this happens.
The deadline for seeking a new trial varies by court and the alleged basis for the motion.
Motion for Judgment Notwithstanding the Verdict (Judgment Non Obstante Veredicto)
The trial court can set aside the jury’s verdict and enter final judgment if the verdict is contrary to the evidence or without evidence to support it. This device is called judgment non obstante veredicto, or judgment notwithstanding the verdict (JNOV), in Virginia and many state courts. In federal court, it is known as a motion for judgment as a matter of law under Federal Rule of Civil Procedure 50.
The phrases “contrary to the evidence” and “without evidence to support it” are vague. However, past court decisions help us determine how to define them.
The trial court must deny a motion to set aside the verdict unless the verdict was plainly wrong or caused injustice.
A verdict is not plainly wrong if:
- There is conflicting testimony on a material point or;
- Reasonable persons could disagree on what conclusion to reach from the evidence presented or;
- The jury’s verdict depends on how much weight to give to the testimony.
The winning party is entitled to the benefit of the doubt for all conflicts in the evidence. The judge cannot substitute his or her conclusions about evidentiary weight when considering a motion for judgment notwithstanding the verdict.
What Happens When the Judge Sustains (Grants) a Motion to Set Aside the Verdict as Excessive? Understanding Remittitur
The judge has three options after granting a defendant’s motion to set aside the verdict because it is excessive.
First, the judge can order a new trial on all issues (liability and damages) if there is insufficient evidence to decide the case.
Second, the judge can order a new trial only on damages if there is insufficient evidence to enter judgment. However, this is not the best remedy in most cases because the jury’s findings on liability often influence its damages award. For example, a jury’s finding that a defendant acted recklessly or with malice often impacts the money damages awarded.
Third, the judge has the power to order the plaintiff to remit a part of the jury award or submit to a new trial. In lawsuits, to remit means to give back a portion of the money damages.
The Supreme Court of Virginia has upheld the use of remittitur:
In remittitur, the trial court reduces an excessive verdict to an amount supported by the evidence. The amount of damages eventually awarded by the trial court is an amount that the jury actually passed upon in arriving at its verdict and thus the jury determines the damages, and the court merely reduces the verdict to an amount that represents a full and fair award.
Who Decides the Remittitur Amount?
The trial court judge determines the remittitur amount.
Judicial precedent explains what courts should consider when choosing whether and when to grant remittitur. But it’s less clear on how much the judge should lower a jury’s award of damages. There is no specific method or formula for trial courts to determine the amount to reduce a verdict.
Instead, the case authority indicates that the trial court judge should reduce the verdict to an amount that, though higher than it would have awarded, does not shock the court’s conscience. In selecting this amount, the judge will review your claimed damages and the evidence of damages you presented. This is why it is crucial to develop proof (testimony from friends, family members, and expert witnesses) for each damage element (compensatory damages, pain and suffering, etc.).
Do I Have to Accept the Remittitur Amount?
No. You do not have to accept the judge’s remittitur amount.
If the judge sets aside the verdict as excessive, then you have three options:
- Consent to the final judgment for the reduced award amount or;
- Accept the remittitur under protest and appeal to the Supreme Court of Virginia; or,
- Submit to a new trial with a new jury
Can a Judge Increase an Inadequate Jury Verdict? Understanding Additur
Yes. The judge can add damages to the original jury verdict in some state courts but not in federal court. This procedure is called additur.
Virginia allows additur.
Virginia Code Section 8.01-383.1(B) gives the trial judge the power to add damages to the jury verdict. It states:
In any action at law when the court finds as a matter of law that the damages awarded by the jury are inadequate, the trial court may (i) award a new trial or (ii) require the defendant to pay an amount in excess of the recovery of the plaintiff found in the verdict. If either the plaintiff or the defendant declines to accept such additional award, the trial court shall award a new trial.
If the jury agrees that the defendant is liable for your injuries but doesn’t award an amount you find reasonable, then file a motion for additur.
If the judge grants your motion for additur, you and the defendant may accept the judge’s award of additional damages or ask for a new trial.
Can I Settle My Lawsuit After the Jury’s Verdict or the Defendant’s Post-Trial Motion Attacking the Verdict or Asking for a New Trial?
Yes.
You can settle a lawsuit after the jury awards money damages and when the defendant’s motion to set aside the verdict or get a new trial or appeal is pending.
And many cases settle then.
A jury trial requires large amounts of time and energy. After going through a full trial, you and the defendants will have a better idea of how a new jury would likely decide the dispute and what range of outcomes the judge will uphold. This information can make it easier to compromise.
Get Help Protecting Your Jury Verdict
Juries have great power in deciding liability and damages, and judges and appellate courts try to avoid overturning jury verdicts.
However, the Supreme Court of Virginia has held that a “trial judge is more than a mere umpire” during the trial and can exercise “supervisory power over verdicts to prevent gross miscarriage of justice.”
When the damages award in a personal injury or defamation (libel or slander) case reflects that the jury wants to punish the defendant or didn’t understand the evidence, the judge may step in to reduce the verdict or give the defendant a new trial. Proper preparation of your claim can avoid this.
If someone else’s actions caused you harm, call me to talk about your legal rights: (804) 251-1620 or (757) 810-5614. My firm is here to help.
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