Dietz v. Bouldin

Following a Montana automobile accident, Dietz sued Bouldin. Bouldin admitted liability and stipulated to damages of $10,136 for Dietz’ medical expenses. Dietz wanted more. During deliberations, the jury sent a note asking whether Dietz’ medical expenses had been paid and by whom. The judge, with the parties’ consent, responded that the information was not relevant. The jury returned a verdict in Dietz’ favor, awarding $0 in damages. The judge discharged the jury; they left the courtroom. Moments later, the judge realized that the verdict was not “legally possible in view of stipulated damages.” He ordered the clerk to bring back the jurors, who were all in the building. One may have briefly left. Over Dietz's objection, in the interest of judicial economy and efficiency, the judge recalled the jury. After questioning the jurors as a group, the judge determined that none had spoken about the case and ordered them to return the next morning. After receiving clarifying instructions, the jury returned a verdict awarding Dietz $15,000. The Ninth Circuit and Supreme Court affirmed. A court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying an error in the verdict. The court did not abuse that power here. The jury was out for only minutes, and, with the exception of one juror, remained inside the courthouse. They did not speak about the case; there is no indication that the verdict generated any emotional reaction or electronic exchanges that could have tainted the jury. There would be no benefit to imposing a categorical rule that as soon as a jury is free to go, a judge cannot rescind that order to correct an easily fixable mistake. View "Dietz v. Bouldin" on Justia Law