Can a Jury Rule for a Plaintiff but Award Zero Damages?

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In civil cases, such as personal injury or wrongful death lawsuits, a jury must determine the defendant’s liability and what damages, if any, are owed the plaintiff. Juries must reach a unanimous verdict on both issues. And while unanimity may require a certain level of bargaining among jurors, there are cases where a “compromise verdict” must be rejected by trial judges and appellate courts. In particular, a court will not allow a jury to hold a defendant liable while deliberately awarding “inadequate damages” to compensate a plaintiff.

A federal appeals court in Atlanta recently ordered a new trial in a negligence lawsuit because of just such a compromise verdict. The appellate panel found the trial judge improperly instructed the jury, which in turn led to a verdict where the plaintiff “won” but received zero damages.

Collins v. Marriott International, Inc.

In 2007, four men were staying at a private golf resort in the Bahamas. One evening, the group visited a rock cliff adjacent to (but not owned by) the club. One of the men became separated from the group and, in all likelihood, fell from the cliff to his death. The next day his body was found in the water about two miles away.

The deceased man’s estate subsequently sued the club’s owner for negligence. The estate argued the club failed to maintain the property, failed to warn guests about dangerous conditions and failed to prevent guests from accessing the cliff. The case was tried before a federal jury in Florida.

After several hours of deliberations, the jury informed the judge it was unable to reach a unanimous verdict. The jury asked if it could find the club liable without awarding damages. The judge replied, “You must find whatever is fair and reasonable in light of the evidence.” A few minutes later, the jury returned with a verdict finding the club liable and awarding $0 in damages. The judge then set aside the liability verdict and granted the club judgment as a matter of law.

The estate appealed. The 11th U.S. Circuit Court of Appeals, which oversees federal courts in Florida and Georgia, reversed the trial court’s judgment and ordered a new trial. The appeals court said the jury’s zero-damages award was “drastically deficient” given the evidence submitted by the estate. The estate sought over $10 million in damages based on the economic losses incurred by the deceased and his family. While the jury was certainly not required to award that much, and while it could find the club was only partially liable for the victim’s death, it could not find the defendant liable and award no damages at all.

The appeals court further rebuked the trial judge for poorly instructing the jury. The judge failed to properly explain the legal duties the club owed to the victim with respect to safety conditions on its property, which included the accessibility of the cliff from the club. The trial judge, according to the appeals court, only focused on the existence of the club’s “duty to warn” the victim about potentially unsafe conditions.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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