True Meaning of a Jury Trial in a Civil Case 

Upwards of 95 percent of civil lawsuits filed in state court in Pennsylvania resolve prior to trial. By some estimates, only 1% go to trial by jury.   

However, a jury trial is often necessary, when one party “doesn’t see” the other’s perspective. In truth, juries tend to get it right.  They read between the lines and use common sense, when declaring a winner.  The party who wins a jury trial often feels elation, gratification, vindication, both from getting the result they want and knowing that a jury (a group of strangers) sees things the same way. It can be like heroically crossing the finish line after a long, grinding foot race. Our lawyers love trying cases, for both the mental challenge and quest for justice for our clients.       

But the chase for great rewards in court also comes with great risk… and cost. A trial is typically very expensive and time consuming. After all that, there could be a puzzling verdict (giving each party 1/2 of what they want, for example) or no verdict at all!  Understanding what can happen helps set realistic expectations about how jury trials actually function in practice.      

Hung Jury 

Let’s say for example, you sue a home improvement contractor for carelessly installing your in ground swimming pool. Turns out, he had poured the concrete incorrectly.  He also damaged your landscaping. Your estimate to fix the job is $89,000. When you hire us to take your case to trial, most of the 12 jurors are nodding their heads during our opening statement. But one 30-something woman on the jury looks skeptical, squinting.    

How many jurors are needed for a verdict?   

In Pennsylvania, a verdict in a civil case requires 10 of 12 jurors, or 5/6ths of the jury. See 42 Pa. C.S. § 5104. Sometimes, however, a jury is unable to reach a verdict. When jurors cannot agree after meaningful deliberation, the court may declare a mistrial due to a hung jury.  See 234 Pa. Code Rule 605. In that event, the case does not end. The parties may retry the case with a new jury, attempt to settle, or in some circumstances seek dismissal. A hung jury often reflects closely contested evidence or differing views among jurors about witness credibility or legal standards.

“Head Scratcher” Verdicts

Juries often get the facts and law right, but many verdicts are “head scratchers.” At times, a jury will come down very heavy handed for one party or another.  For the Plaintiff, very high awards are often called “runaway verdicts,” sometimes involving punitive damages in certain kinds of cases.  However, if the punitive damage award is excessive compared to the actual damages, a court might disregard the verdict.   

Plaintiff “Wins” But is Awarded Nothing 

It’s also common for the Plaintiff to “win” but be awarded no money in damages. For example, a jury could find the defendant at fault, but that the damages are exaggerated or not causally related to the defendant’s conduct. 

Compromise Verdict  

Another possible result is a compromise verdict. A compromise verdict occurs when jurors, unable to agree on liability or key factual issues, reach a middle-ground decision. This is generally OK. Courts are loath to disturb a jury’s view of the facts, unless the finding is totally inconsistent with the facts. 

Juror Misconduct 

Though uncommon, jury misconduct occurs often enough for there to be dozens of judicial opinions about it. 

Juror misconduct occurs when a juror violates the court’s instructions or behaves in a way that undermines the fairness of the trial. Examples include conducting independent research, discussing the case outside the jury room, using social media to comment on the case, consuming media coverage about the trial, or failing to disclose relevant information during jury selection. If misconduct is discovered during trial, the court may remove the juror, give curative instructions, or in serious cases declare a mistrial. If misconduct is uncovered after a verdict, the losing party may seek to have the verdict set aside and request a new trial, though courts carefully evaluate whether the misconduct actually affected the outcome.  

Post Trial Wrangling

Following a trial, one party may file a motion for post trial relief.  Pa.R.CP. 227.1. In some cases, the court may modify the verdict, order a new trial, or enter judgment notwithstanding the verdict. Appeals may also follow, focusing on legal errors rather than factual disputes.   

Appeals

After any verdict, the losing party may file post-trial motions challenging the result, arguing that the verdict was against the weight of the evidence, legally improper, or tainted by error or misconduct. Experienced lawyers generally don’t like appeals to the Superior Court, because appeals involve lots of time and uncertainty.  Plus, an appeal feels unfair to the client.  Why should the client – a potential victim of a court’s mistake — have to pay a lawyer for dozens of hours of time to fix a mistake made at trial?

Plus, what does it mean to “win” on appeal? In truth, “winning” on appeal often means the appellate court sends the case back down for another trial to start from the beginning!  

Non-Jury Trials Also Have Risks 

Parenthetically, in certain kinds of cases, a judge (not a jury) will decide the case. These include:

• a mechanic’s lien pursuant to 231 Pa.Code Chapter 1650 (no trial by jury in these actions). 

The same applies for action in “equity.”  This is where a part seeks something other than money.  Here, a judge decides the case, not a jury. See Pa. R. Civ. P. 1038.3.  We love taking these kinds of cases to trial before a judge (often called a bench trial).  However, like a jury trial, a bench trial involves potential complications, as well.  For example, even when no jury is involved, either party may file a motion for post-trial relief and/or appeal to the Superior Court.  

Final Thoughts 

In short, a jury trial can end in a clear verdict, a mistrial, or a result that is later challenged due to misconduct or inconsistency. While juries play a central role in resolving disputes, their decisions are subject to judicial oversight to ensure fairness and adherence to the law.  But obtaining such oversight is expensive, time consuming, riddled with its own uncertainties. 

Let’s Get Started! 

Contact a counselor at law at our firm for any matter in Western Pennsylvania.   

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