Judge query didn’t coerce verdict

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 2, 2021 12:29 PM

Updated February 2, 2021 2:50 PM

In a medical malpractice case where the plaintiff claimed the judge’s questioning of “Juror 3” coerced a verdict, the judge gave a Prim instruction (Illinois Pattern Jury Instructions, Civil No. 1.05; People v. Prim, 53 Ill. 2d 62 (1972)) on the second day of deliberations after receiving two notes. The first said: “We are gridlocked at 11 to 1. We have tried persuading said person, but there is a refusal to listen to the law.” In the second note, Juror 3 asked: “If I’ve reached my …

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