By

Thomas H. Cohen, J.D., Ph.D.

BJS Statistician

Torts accounted for nearly two-thirds of

the estimated 12,000 tort, contract, and

real property cases disposed of by

bench or jury trial in State courts of

general jurisdiction in the Nation’s 75

largest counties in 2001.1

 A tort

involves one party alleging injury,

damage, or financial loss stemming

from the negligent or intentional acts of

another party.

During 2001 over 90% of tort trials

were decided by a jury, while judges 

adjudicated less than 10% of these

cases. 

Plaintiffs won in about half of all tort

trials and were awarded a total 

of about $2.3 billion in compensatory

and punitive damages. Half of all plaintiff winners in tort jury and bench trials

received damage awards of $27,000 or

more. Appeals to a State intermediate

appellate court or court of last resort

were filed in 13% of tort trials disposed

of in 2001.

These are some of the findings from a

survey of tort trials in State courts of

general jurisdiction. This report is the

1

Courts of general jurisdiction typically handle

civil disputes that are over certain monetary

amounts. The exceptions are in States like

California that have merged their limited and

general jurisdiction courts.

Civil Justice Survey of State Courts, 2001

Tort Trials and Verdicts in

Large Counties, 2001

 November 2004, NCJ 206240

• During 2001 an estimated 7,948 tort

cases were disposed of by trial in

State courts of general jurisdiction 

in the Nation’s 75 largest counties.

• Juries decided over 90% of these tort

cases, while judges adjudicated less

than 10%. 

• The 7,218 tort jury trials disposed 

of in 2001 represents a 23% decline 

from the 9,431 tort jury trials disposed

of in these counties in 1992, consistent with data from 30 States showing

decreases in the number of tort claims

filed.

• In tort jury trials the overall median

damage awards have declined 56%

from $64,000 in 1992 to $28,000 in

2001.

• Fifty-two percent of tort trials involved

a private individual suing another

individual, while 31% involved an

individual suing a business.

• Plaintiffs won in 52% of tort trials 

in 2001. This win rate has remained

relatively unchanged since 1992. 

• About 5% of plaintiff winners in tort

trials were awarded punitive damages.

The median punitive damage award

was $25,000. 

• Litigants sought post verdict relief —

amended judgment, judgment notwithstanding the verdict, new trial, or

award modification — in 29% of all 

tort trials; 23% of these litigants

seeking relief were granted relief,

most frequently an award modification.

• Litigants filed a notice of appeal to 

a State appellate court in 13% of tort

trials disposed of in 2001.

Highlights

Median final damage awards in tort trials with individual plaintiff winners 

versus different defendant types in the Nation’s 75 largest counties, 2001

Median final damage awards

Individual

Business

Government

Hospital

$0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000

Individual versus

Bureau of Justice Statistics

Bulletin

U.S. Department of Justice

Office of Justice Programs
third in a series based on data

collected from the Civil Justice Survey

of State Courts, 2001.2

The first report of this series provided a

general overview of tort, contract, and

real property cases decided by a bench

or jury trial in the Nation’s 75 most

populous counties in 2001. The second

report focused on medical malpractice

cases disposed of by trial. This third

report describes the contours of tort

trial litigation in the Nation’s 75 largest

counties.

The sample of civil trials excluded civil

matters that did not involve tort,

contract, or real property cases.

Federal trials, trials in counties outside

the 75 most populous counties, and

trials in State courts of limited jurisdiction were also excluded from the

sample.

Types of tort trials

During 2001 State courts of general

jurisdiction in the Nation’s 75 largest

counties disposed of an estimated

7,948 tort trials. A prior BJS study on

tort cases found that a minority (about

3%) were adjudicated by trial and that

most (73%) were disposed of by

settlement.3

Although tort trials account for a small

percentage of tort dispositions, they are

crucial to examine because they

provide key information on plaintiff

award compensation, punitive

damages, and case processing times.

Tort cases that settle rarely include this

type of information as part of the public

record.

Of the estimated 7,948 tort trials

disposed of in the Nation’s 75 largest

counties in 2001, about half were

automobile accident cases (table 1).

Premises liability and medical malpractice each accounted for nearly 15% of

tort cases disposed of by trial. An

estimated 2% of tort trials were product

liability cases, in which the primary

claim involved asbestos, toxic

substances, breast implants, tobacco,

or other defective product matters.

Type of trial verdict

The majority of tort trials (93%) were

decided by a jury, while judges adjudicated about 7% of tort trials (table 1).

Two percent of tort jury trials were

disposed of by directed verdict,

judgments notwithstanding the verdict

(JNOV), or default jury trial. (For definitions, see page 9.) The right to a jury

trial is guaranteed in most States;

however, if neither the plaintiff nor the

defendant makes a formal jury trial

request, that right is forfeited, and the

trial takes place before a judge. 

Juries disposed of an estimated 9 out

of 10 medical malpractice (96%),

automobile accident (93%), product

liability (92%), and premises liability

(91%) tort trial cases. At least a fifth of

conversion, professional malpractice,

intentional torts, and false arrestimprisonment cases were adjudicated

before judges. 

Litigants

An estimated 24,904 litigants (plaintiffs

and defendants) were involved in the

7,948 tort trials disposed of in the

Nation’s 75 largest counties in 2001

(not shown in a table). Of these

litigants in tort trials, 11,209 were plaintiffs, and 13,695 were defendants.

Seventy-percent of tort trials were

litigated by one plaintiff, while 56%

involved one defendant.

2 Tort Trials and Verdicts in Large Counties, 2001

2

The two reports produced from the Civil Justice

Survey of State Courts 2001 are Civil Trial

Cases and Verdicts in Large Counties, 2001,

NCJ 202803, and Medical Malpractice Trials and

Verdicts in Large Counties, 2001, NCJ 203098,

<http://www.ojp.usdoj.gov/bjs/civil.htm>.

3

See BJS, Tort Cases in Large Counties, 1992,

NCJ 153177, <http://www.ojp.usdoj.gov/bjs/

abstract/tcilc.htm>.

Note: Data for case and disposition type were available for 100.0% of the 7,948 tort trials. 

Detail may not sum to total because of rounding.

--No cases recorded. 

*Other trial cases include trials with a directed verdict, judgments notwithstanding the verdict, 

and jury trials for defaulted defendants. Although these cases are typically placed in a 

separate category they are a form of jury trial.

Other or unknown tort 390 4.9 82.6 12.1 5.4

False arrest, imprisonment 45 0.6 75.6 20.0 4.4

Conversion 27 0.3 46.4 46.4 7.1

Animal attack 99 1.2 86.9 13.1 --

Slander/libel 95 1.2 78.9 18.9 2.1

Professional malpractice 102 1.3 66.3 32.7 1.0

Medical malpractice 1,156 14.5 96.2 2.9 0.9

Intentional tort 375 4.7 76.3 20.3 3.5

Other 126 1.6 90.5 6.3 3.2

Asbestos 31 0.4 96.8 -- 3.2

Product liability 158 2.0 91.8 3.2 5.1

Premises liability 1,268 16.0 91.4 6.2 2.4

Automobile 4,235 53.3% 92.6% 5.9% 1.5%

All tort trials 7,948 100.0% 90.8% 7.3% 1.9%

Case type Number Percent Jury Bench Other*

All tort trials Type of trial 

Table 1. Tort cases disposed of by trial in State courts in the 

Nation's 75 largest counties, 2001

Sixty-three percent of the tort jury

trials with data on the nature of the

jury's decision resulted in a unanimous verdict for the plaintiff or the

defendant

Note: Only includes States that permitted

non-unanimous verdicts. States that

required unanimous verdicts were not

included. Data on the unanimity of jury

verdicts were available in 64.3% of the

4,797 jury trials.

Intentional tort 41.5

Medical malpractice 57.4

Product liability 62.9

Premises liability 65.6

Automobile 66.8

All tort trials 63.0%

Percent of jury

verdicts that were

unanimous

Selected 

case types
Litigant pairings

For each tort trial, data were collected

on whether the plaintiff or defendant

was an individual, government,

business, or hospital (table 2). Fourfifths of tort trials involved an individual

suing either another individual (52%) 

or a business (31%). Individuals sued

hospitals or governmental agencies in

less than 15% of tort trials. 

A relatively small number of tort trials

involved non-individual plaintiffs.

Governments and businesses were

plaintiffs in an estimated 4% of all tort

trials. Among bench trials nonindividual plaintiffs were more

common. Governments or businesses

were plaintiffs in about 10% of bench

tort trials (not shown in a table).

Automobile trials versus other tort

trials

Accounting for around half of all tort

trials, automobile accident cases are

characterized by marked differences in

their litigant pairings (table 2). Nearly

three-fourths of automobile accident

trials involved individuals suing other

individuals. In comparison, individuals

sued other individuals in 28% of

non-automobile accident tort trials.

Individual plaintiffs were more likely to

litigate against businesses (42%) or

hospital defendants (18%) in trials

where the primary claim did not involve

an automobile accident.

 Tort Trials and Verdicts in Large Counties, 2003 3

Note: Data for litigant pairings were available for 99.3% of all tort trials, 99.2% of automobile

trials, and 99.4% of all non-automobile tort trials. Plaintiff or defendant type for each case is

whichever type appears first on this list: (1) hospital/medical company; (2) corporate/business; 

(3) government agencies; (4) individuals. For example, any case involving a hospital defendant 

is categorized as a case with a "hospital defendant" even if there were also business, individual,

and government defendants in the case. Detail may not sum to total because of rounding.

A “0.0” indicates a statistic of less than .05%.

--No cases recorded. 

a

Includes law enforcement and other government organizations. 

b

Includes insurance companies, banks, and other business organizations. 

c

Includes medical companies.

d

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the

verdict, and jury trials for defaulted defendants.

Hospital defendant 675 18.2 -- 0.1 -- c

Business defendant 1,663 42.0 0.4 2.7 -- b

Government defendant 272 7.0 0.1 0.3 0.0 a

Individual only defendant 1,080 28.4% 0.1% 0.8% --

All other tort trials

Hospital defendant 13 0.3 -- -- -- c

Business defendant 926 20.5 0.0 1.5 -- b

Government defendant 149 3.5 -- 0.1 -- a

Individual only defendant 3,113 73.1% 0.2% 0.8% --

Automobile tort trials

Hospital defendant 688 8.7 -- 0.0 -- c

Business defendant 2,590 30.6 0.2 2.1 -- b

Government defendant 421 5.1 0.0 0.2 0.0 a

Individual only defendant 4,193 52.2% 0.2% 0.8% --

All tort trialsd

Hospitalc Business Governmenta b Case type Number Individual

Plaintiffs

Table 2. Pairings of primary litigants in tort trial cases, by case type, 

in State courts in the Nation's 75 largest counties, 2001

Defective products in product 

liability trials in the 75 largest

counties, 2001

• Of the 144 product liability trials for

which the type of defective product

was known, 28% dealt with asbestos

or other toxic substances.

• Cases involving defective vehicles

such as automobiles, trucks, or

airplanes accounted for about 12% 

of the 144 product liability trials.

• Defective construction, electrical, 

or manufacturing equipment was

involved in about 19% of the 144

product liability trials disposed of in the

Nation's 75 largest counties during

2001.

• Punitive damages were awarded to

plaintiff winners in 3 of 144 product

liability trials (not shown in a table).

• There was 1 tobacco product liability 

trial in the Nation's 75 largest counties

in 2001. This was a jury trial involving

1 plaintiff against 4 business defendants. The jury ruled in favor of the

defendants. 

Product liability 

Type of defective trialsa 

product Number Percent

Total 144 100.0%

Toxic substances 40 27.9%

 Asbestos 31 21.8

 Other substances 9 6.1

Equipmentb 27 18.7

Home appliances 24 17.0

and itemsc

Other productd 21 14.6

Vehiclee 18 12.4

Medicalf 8 5.5

Foodg 6 4.0

Note: Type of defective product was known

for 144 of the 158 product liability trials. Detail

may not sum to total because of rounding.

a

Trials include bench and jury trials, trials with a

directed verdict, judgments notwithstanding the

verdict, and jury trials for defaulted defendants.

b

Includes construction, electrical, and manufacturing equipment.

c

Includes home furniture, small appliances,

workshop tools, yard equipment,

TV/Stereo/VCR appliances, and sporting goods.

d

Includes natural gas, tobacco, and other

products.

e

Includes automobiles, trucks, and other forms

of transport (airplanes).

f

Includes nonprescription and prescription

drugs, cosmetics, breast and other internal

implants, and other medical equipment and

devices.

g

Includes food in restaurants and grocery

stores.
Plaintiff winners

Plaintiffs prevailed in about half of all

tort trials disposed of in the Nation’s 75

largest counties during 2001 (table 3).

The plaintiff win rates varied considerably, depending on the type of tort case

litigated. Among some tort case

categories such as automobile, asbestos, and animal attack, the estimated

plaintiff win rates approached or

exceeded 60%. 

Plaintiffs were less successful in other

kinds of tort cases. Plaintiffs prevailed

in less than a third of medical malpractice trials and won in less than a half of

premises liability, slander/libel, false

arrest, and other product liability trials.

Plaintiffs prevailed to a greater extent

in tort trials heard by judges than juries.

Judges found in favor of plaintiffs in

nearly two-thirds of tort trials, while

juries ruled for the plaintiffs in about

half of tort trials.

Final awards

During 2001 plaintiff winners in tort jury

and bench trials were awarded an

estimated $2.3 billion in compensatory

and punitive damages in the Nation’s

75 largest counties (table 4). The

median award for plaintiff winners in

tort trials was $27,000. About 19% of

these plaintiff winners received

damage awards over $250,000, and an

estimated 8% were awarded at least

$1 million or more in damages.

Damage awards for plaintiff winners in

tort trials differed markedly by case

type. In some tort case categories the

median awards were relatively modest.

For example, automobile and premises

liability cases, which together accounted for about three-fourths of all tort

trials with a plaintiff winner, generated

median awards of $16,000 and

$59,000, respectively.

In other tort case categories, the

median awards were considerably

higher. Half the plaintiff winners in

asbestos cases, for example, were

awarded damages of $1.7 million or

more. Since asbestos cases tended

4 Tort Trials and Verdicts in Large Counties, 2001

Note: Data on plaintiff winners were available for 99.9% of all tort trials. 

Detail may not sum to total because of rounding.

--No cases recorded.

a

Includes bench and jury trials, trials with a directed verdict, judgments 

notwithstanding the verdict, and jury trials for defaulted defendants. 

b

Does not include jury trials that involved trials with a directed verdict, judgments

notwithstanding the verdict, and jury trials for defaulted defendants.

c

Excludes bifurcated trials where the plaintiff litigated only the damage claim.

Other or unknown tort 383 50.9 319 50.2 44 65.9

False arrest, imprisonment 45 42.2 34 50.0 9 22.2

Conversion 28 46.4 13 61.5 13 23.1

Animal attack 99 66.7 86 68.6 13 53.8

Slander/libel 94 41.5 74 47.3 18 22.2

Professional malpractice 99 52.5 67 55.2 32 43.8

Medical malpractice 1,149 26.8 1,107 26.3 32 50.0

Intentional tort 366 56.8 281 53.7 73 68.5

Other 124 40.3 112 40.2 8 50.0

Asbestos 30 60.0 29 62.1 -- --

Product liability 154 44.2 141 44.7 8 50.0

Premises liability 1,260 42.0 1,151 41.5 78 57.7

Automobile 4,121 61.2% 3,812 60.2% 250 78.0%

Tort cases 7,798 51.6% 7,085 50.7% 570 64.7%

Number winners c Number winners c Number winners c Case type

Plaintiff Plaintiff Plaintiff 

Jury trials Bench trials b All tort trialsa

Table 3. Tort trial plaintiff winners in State courts in the Nation's 

75 largest counties, 2001

Note: Data for final awards were available for 99.5% of all sampled tort trials. Final amount

awarded includes compensatory (reduced for contributory negligence) and punitive damage

awards. Award data were rounded to the nearest thousand. Detail may not sum to total because

of rounding.

*The number of plaintiffs awarded damages may differ from the number calculated from the

percentage of plaintiffs who successfully litigated the case (table 3). Missing award data, the 

fact that in some cases plaintiff winners receive nothing because of award reductions, and the

inclusion of plaintiff winners in bifurcated damage trials (a group excluded from table 3) 

account for some of this difference. 

--No cases recorded. 

a

Excludes bifurcated trials where the plaintiff litigated the liability claim. Bifurcated trials 

involving damage claims; however, have been included. 

b

All tort trials include bench and jury trials, trials with a directed verdict, judgments 

notwithstanding the verdict, and jury trials for defaulted defendants.

Other or unknown tort 199 374,514,000 106,000 39.9 15.5

False arrest, imprisonment 19 2,185,000 30,000 14.6 --

Conversion 13 926,000 23,000 -- --

Animal attack 66 6,741,000 18,000 11.7 --

Slander/libel 39 17,067,000 121,000 39.6 6.0

Professional malpractice 51 43,108,000 93,000 30.6 13.9

Medical malpractice 311 600,746,000 422,000 66.1 29.7

Intentional tort 214 128,428,000 37,000 25.4 16.3

 Other 51 112,878,000 311,000 54.7 31.4

 Asbestos 19 86,275,000 1,650,000 90.7 59.7

Product liability 70 199,153,000 450,000 64.6 39.1

Premises liability 522 400,653,000 59,000 22.9 9.1

Automobile 2,565 $526,435,000 $16,000 8.6% 2.8%

All tort trialsb 4,069* $2,299,957,000 $27,000 18.8% 7.7%

$1 million

or more

Over

Total Median 250,000

awarded to

plaintiff winnersa Case type

Percent of plaintiff

winner cases with

final awards—

Final amount awarded 

to plaintiff winners

Tort trials 

with damages 

Table 4. Final award amounts for tort trials with plaintiff winners in State courts

in the Nation's 75 largest counties, 2001
to involve multiple plaintiffs, few plaintiffs received the whole award amount

when successful in these trials. 

In medical malpractice trials the

median awards ($422,000) were nearly

16 times greater than the overall

median awards in tort trials. Damage

verdicts of $1 million or more were

awarded in about a third of medical

malpractice trials. These higher award

amounts are partially explained by the

fact that in 9 out of 10 medical

malpractice trials the plaintiffs alleged

that the defendant’s negligence caused

a permanent injury or death (not shown

in a table).

The median final award of $28,000 in

tort jury trials and $23,000 in tort bench

trials did not differ statistically (not

shown in a table).

Punitive damage awards

Plaintiffs are entitled to punitive

damages when the defendant’s actions

are so “willful, malicious, or fraudulent”

that ordinary damages alone would not

fully compensate the plaintiff for an

inflicted injury. Unlike other forms of

damage relief afforded to plaintiffs,

punitive damages serve as a means

for “punishing the defendant” and

deterring others from committing

similar actions (Black’s Law

Dictionary).

Nearly 60% of plaintiff winners in

slander/libel trials and about 36% of

plaintiff winners in intentional tort trials

were awarded punitive damages (table

5). Punitive damages were awarded to

less than 5% of plaintiff winners in

product liability trials.

Punitive damages were more likely to

be awarded in bench (11%) than in jury

(5%) tort trials. The median punitive

damage awards in bench ($15,000)

and jury ($23,000) tort trials, however,

was not significantly different (not

shown in a table).

 Tort Trials and Verdicts in Large Counties, 2003 5

Largest tort damage award

In the 2001 database the tort trial

that generated the largest damage

award involved a case alleging

malicious prosecution. In 1999 the

defendant, who was both a general

manager and equity holder for an

automobile outlet company, was

accused of stealing millions from the

company. Federal officials

responded by launching a fraud

investigation into the defendant’s

activities.

The defendant’s attorney advised

the defendant to file a RICO suit

against the automobile outlet’s

owners. The RICO suit alleged that

the owners were “responsible for any

missing inventory” and were

“engaged in a racketeering conspiracy.” The suit was dismissed in

Federal court, and the owners then

filed suit against both the defendant

and the defendant’s attorney alleging

“abuse of the civil process.” Soon

after the owners filed suit, the defendant fled the country. 

The trial took place before a jury in

Philadelphia and lasted 7 days. In

the second week of trial, the defendant’s attorney settled, leaving the

fugitive defendant as the sole person

being sued. The jury found in favor

of the auto outlet’s owners and

awarded $50 million in compensatory and $100 million in punitive

damages. The defendant never

appeared to contest the case and as

of 2002 was still a fugitive.

Source for additional case details: The

National Law Journal, February 4, 2002.

Note: Data on punitive damages were available for 99.6% of all sampled tort trials 

in which the plaintiff winner was awarded damages. Detail may not sum to total 

because of rounding. Award data were rounded to the nearest thousand.

*Not median but the actual amount awarded. 

--No cases recorded.

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the

verdict, and jury trials for defaulted defendants.

Other or unknown tort 16 163,849,000 470,000 11 4

False arrest, imprisonment 5 202,000 8,000 -- --

Conversion 3 289,000 100,000 -- --

Animal attack 6 391,000 68,000 -- --

Slander/libel 23 3,771,000 77,000 4 --

Professional malpractice 7 117,000 1,000 -- --

Medical malpractice 15 115,577,000 187,000 4 2

Intentional tort 78 32,653,000 16,000 16 9

Other 1 150,000 150,000* -- --

Asbestos 2 900,000 500,000 2 --

Product liability 3 1,077,000 433,000 2 --

Premises liability 8 646,000 33,000 -- --

Automobile 54 $48,578,000 $5,000 9 7

All tort trials 217 $367,149,000 $25,000 45 23 a

$1 million

or more

Over

Total Median $250,000

punitive

Case type damages

Number of trials with

punitive damages —

Amount of punitive

damages awarded

Number of

trials with 

Tort trials with plaintiff winners

Table 5. Punitive damages awarded to plaintiff winners in tort trials 

in State courts in the Nation's 75 largest counties, 2001
The role of contributory or 

comparative plaintiff negligence

A plaintiff’s own negligent actions may

contribute wholly or partially to the

injury sustained. Six States maintain

the doctrine of contributory negligence.4

 In these States any plaintiff

negligence automatically bars recovery

for damages. The remaining States

use differing forms of comparative

negligence in which damages are

proportionally reduced according to 

the plaintiff’s negligence. 

In States that employ contributory or

comparative negligence, compensatory

damages awarded to plaintiff winners

were reduced in 14% of tort trials

disposed of in the Nation’s 75 largest

counties during 2001 (table 6). These

awards were reduced 38% on average.

In a third of the premises liability trials

with a plaintiff winner, the compensatory awards were reduced due to the

plaintiff’s own negligence. The average

award reduction in these trials was

about 42%.

Plaintiff winners tended to receive

award reductions more frequently 

in jury than in bench trials. Sixteen 

percent of plaintiff winners in jury trials

had their awards reduced, while 

in bench trials, 6% of plaintiff awards

were reduced (not shown in a table).

Case processing time 

Half of the estimated 7,900 tort cases

disposed of by trial in the Nation’s 75

largest counties in 2001 went from

filing of the complaint to final verdict or

judgment within an estimated 22

months (figure 1). Among medical

malpractice and non-asbestos product

liability trials, the median case processing times from filing to disposition were

29 and 28 months, respectively.

Asbestos product liability trials, in

comparison, were processed within a

median of 10 months. 

6 Tort Trials and Verdicts in Large Counties, 2001

Figure 1

Note: Data on whether awards were reduced for contributory or comparative negligence were

available for 99.0% of sampled trials with a plaintiff winner and a known initial award amount. 

Detail may not sum to total because of rounding.

*Not mean but actual reduction amount.

--No cases recorded. 

a

Only includes plaintiffs who won an initial monetary damage award.

b

Includes bench and jury trials, trials with a directed verdict, judgments 

notwithstanding the verdict, and jury trials for defaulted defendants.

Other or unknown tort 199 13.8 27 37.4

False arrest, imprisonment 19 -- -- --

Conversion 13 -- -- --

Animal attack 65 6.3 4 43.3

Slander/libel 39 2.5 1 40.0*

Professional malpractice 51 13.7 7 31.6

Medical malpractice 307 6.6 20 30.5

Intentional tort 214 8.5 18 27.2

Other 49 19.0 9 27.6

Asbestos 19 -- -- --

Product liability 68 13.7 9 27.6

Premises liability 518 33.4 173 41.5

Automobile 2,553 12.7% 324 36.8%

All tort trialsb 4,045 14.4% 584 37.5%

a plaintiff winner Percent Number reduction a Case type

tort trials with Mean percent

Number of Tort trials with awards reduced

Table 6. Plaintiff winners with awards reduced in tort trials due to contributory

or comparative negligence in State courts in the Nation's 75 largest counties,

2001

4

Alabama, Maryland, South Carolina,

Delaware, North Carolina, and Virginia are

contributory negligence States. American Jurisprudence, 2nd edition (1989, supp. 1995), 57B,

pp. 1131-49.

Median number of months 

to dispose of tort trials from 

filing to disposition, 2001

Asbestos 

Automobile

Intentional tort

All tort trials

Premises liability

Other product liability

Medical malpractice

0 10 20 30

Median number of months

Tort trials in U.S. district courts, 2001

• U.S. district courts exercise jurisdiction in civil actions between private parties

that involve the interpretation and application of a Federal question arising

from the U.S. Constitution, or in cases where the parties reside in different

States or countries and the amount in controversy exceeds $75,000, or in

cases where the U.S. Government is the plaintiff or defendant. Of the 248,174

civil cases terminated in the U.S. district courts during fiscal year 2001, 14%

(34,918) were tort claims. About 4% (1,234) of these tort claims were terminated by a jury or bench trial.

• A jury decided tort trials less often in U.S. district courts (79%) than in State

courts of general jurisdiction in the Nation’s 75 largest counties during 2001

(93%).

• Plaintiffs won about half of tort trials in both U.S. district courts (51%) and

State courts of general jurisdiction in the Nation’s 75 largest counties (52%).

Plaintiff winners, however, were awarded less monetary damages in State

courts, with a median of $27,000, compared to a median of $179,000 awarded

to plaintiff winners of tort trials decided by U.S. district courts during 2001.

Source: Administrative Office of the U.S. Courts, Civil Master File, fiscal year 2001. Published

reports on Federal District Court data are also available from the U.S. Administrative Office of the

Courts: <http://www.uscourts.gov>. See also Civil Trial Cases and Verdicts in Large Counties,

2001, BJS Bulletin, NCJ 202803, April 2004.
 

 Tort Trials and Verdicts in Large Counties, 2003 7

Trends in tort jury trials

• The number of tort trials decided by a jury in the Nation’s

75 largest counties declined 23%, from 9,431 trials in 1992

to 7,218 trials in 2001 (table 7). The growing use of alternative dispute resolution (ADR) and other tort reform

efforts aimed at limiting damage awards and tort litigation

may provide a partial explanation for this trend. The

National Center for State Courts also reports that tort

filings in 30 States declined 9% from 1992 to 2001, 

contributing to the decrease in tort trials.5

• The plaintiff win rate in tort jury trials remained relatively

stable from 1992 to 2001. During this period about half 

of all plaintiffs prevailed in tort jury trials. Some tort case

categories witnessed declining plaintiff win rates. In 1992

nearly a third of plaintiffs prevailed in medical malpractice

cases tried by a jury; by 2001 about a fourth of plaintiffs

won medical malpractice jury trials. The plaintiff win rate

also declined in product liability jury trials. Plaintiffs won

56% of product liability jury trials in 1992, but 45% of these

trials in 2001.

• The median damage awards in tort jury trials declined

from $64,000 in 1992 to $28,000 in 2001.6

 The smaller

damage awards imposed by juries in automobile accident

trials partially explains this trend. At least half of plaintiff

winners in automobile accident jury trials won $37,000 

or more in damages in 1992; by 2001 the median damage

award for plaintiff winners in automobile accident trials 

had declined to $16,000. 

• Medical malpractice and product liability trials had

marked increases in their median jury damage awards. In

product liability jury trials, the median award amounts were

at least 3 times higher in 2001 ($543,000) than in 1992

($140,000). The median award amounts for medical

malpractice jury trials nearly doubled from $253,000 

in 1992 to $431,000 in 2001.

• Since 1992 the percentage of tort jury trials with punitive

damage awards has remained unchanged. The reported

differences in plaintiff winners receiving punitive damages

between 1992 (4%) and 2001 (5%) were not statistically

significant.

• In 1992 half of all tort cases proceeded from initial filing 

to jury verdict in nearly 25 months, while during 2001, the

time was 22 months. These differences were not statistically significant.

5

The sources for these findings are Tort Reform Record, American Tort

Reform Association, 2003, and B. Ostrom, N. Kauder, and R. LaFountain, Examining the Work of State Courts, 2002: A National Perspective

from the Court Statistics Project, 2003. 6

The 1992 damage award amount was adjusted to account for inflation.

The adjustment was calculated through the U.S. Department of Labor’s

website <http://www.bls.gov/cpi/home.htm>.

Note: The number of trials includes tort jury trials adjudicated in

1992 and 2001. Bench trials, trials with a directed verdict,

judgments notwithstanding the verdict, and jury trials for defaulted

defendants have been excluded. Bench trials are not included

because no award data were collected for bench trials in 1992.

Data Sources: Civil Justice Survey of State Courts, 1992 (ICPSR

6587) and 2001 (ICPSR 3957). Data can be obtained from the

University of Michigan Inter-university Consortium for Political and

Social Research (ICPSR) at <http://www.icpsr.umich.edu/>.

Product liability trials include both the asbestos and other product

liability case categories.

Award data were rounded to the nearest thousand.

*1992 - 2001 difference is significant at the 95% confidence

interval. 

a

Data on plaintiff winners were available for 99.4% of tort jury trials 

in 1992 and 99.9% of tort jury trials in 2001. 

b

Data on final awards in tort jury trials were available for 97.0% of

plaintiff winners in 1992 and 99.5% of plaintiff winners in 2001.

c

Data on punitive damages in tort jury trials were available for

97.1% of plaintiff winners in 1992 and 98.4% of plaintiff winners in

2001.

d

Data on time to disposition were available for 79.7% of tort jury

trials in 1992 and 99.9% of tort jury trials in 2001.

Medical malpractice 33.1 29.0*

Product liability 29.8 26.1*

Premises liability 25.0 22.8

Automobile 21.7 19.9

All tort jury trials 24.5 mo 21.8 mo

How long did disposition

of tort cases take?d

(median number of months

from filing to verdict)

Medical malpractice 3.2 4.0

Product liability 4.8 4.6

Premises liability 1.7 1.7

Automobile 2.4 1.7

All tort jury trials 4.2% 4.5%

What percentage of 

plaintiffs won punitive

damages?c

Medical malpractice 253,000 431,000*

Product liability 140,000 543,000*

Premises liability 74,000 61,000

Automobile 37,000 16,000*

All tort jury trials $64,000 $28,000*

(overall median awards,

adjusted for inflation)

How much did prevailing

plaintiffs win?b

Medical malpractice 30.5 26.3*

Product liability 55.7 44.7*

Premises liability 44.4 41.5

Automobile 60.4 60.2

All tort jury trials 50.3% 50.7%

What percentage of 

plaintiffs won?a

All tort jury trials 9,431 7,218*

How many tort cases were

adjudicated by a jury?

1992 2001

Table 7. Comparing tort jury trials in State courts 

in the Nation's 75 largest counties, 1992 to 2001 
Tracking post verdict motions 

for relief in tort trials

After a tort trial reaches verdict or

judgment, litigants often file postverdict motions seeking to modify or

overturn the trial outcome. These can

include motions for judgments notwithstanding the verdict (JNOV) or for an

amended judgment, motions for a new

trial, motions to modify the award, or

motions for some “other” form of relief. 

A motion for a JNOV or an amended

judgment is filed when the moving

party requests that the judge render a

verdict in favor of one party despite the

fact that the jury or judge found in favor

of the other party. A motion for a new

trial is filed when one party seeks to

have the verdict or judgment discarded

and the case tried again. A motion to

modify the award occurs when one

party seeks to have the damage award

increased or reduced. A motion for

“other relief” typically involves attorney

fees and other court costs.7

Both plaintiffs and defendants sought

post verdict relief at similar rates in tort

trials where plaintiffs prevailed (table

8). Plaintiffs filed motions for post

verdict relief in 19% of tort trials where

they won, while defendants requested

post verdict relief in 23% of tort trials

with a plaintiff winner. 

A variety of underlying factors could

drive plaintiff post verdict activity in

trials in which the plaintiff received a

favorable outcome. These can include

pre-trial “high-low” agreements with the

defendants or post-trial settlements as

well as dissatisfaction with the damage

awards imposed at trial. In a “high-low”

agreement both parties agree on an

acceptable range of damages. If the

award falls outside that range, the

award is adjusted to fit within the

agreed upon range. 

The types of post verdict relief sought

most commonly by plaintiff winners in

tort trials were motions for new trials or

award modifications. These forms of

post verdict relief accounted for nearly

6 out of 7 plaintiff post verdict motions.

In tort trials where the defendant filed 

a subsequent motion for post verdict

relief, 60% of those motions were for 

a new trial while 30% were for a JNOV

or amended judgment.

Tort trials that the plaintiff did not win

also manifested substantial post verdict

activity. Plaintiffs filed motions for post

verdict relief in about a quarter of tort

trials that they lost. In 85% of these

cases, the plaintiff requested that the

court discard the verdict or judgment

and grant a new trial.

In tort trials in which the plaintiff did not

prevail, defendants rarely engaged in

post verdict activity. Less than 5% of

defendants sought post verdict relief, in

the form of attorney fees and court

costs, in tort trials without a plaintiff

winner.

8 Tort Trials and Verdicts in Large Counties, 2001

Note: Post verdict motions filed by plaintiffs or defendants include motions for judgments notwithstanding the verdict, amended judgments, new trials, award modifications, and other relief. 

a

The type of post verdict relief sought may not sum to 100% because the post verdict relief

categories are not mutually exclusive. After a verdict is reached, parties can seek multiple forms

of post verdict relief. 

b

For tort trials in which plaintiffs prevailed, data on plaintiff post verdict activity were available for

99.0% of trials, and data on defendant post verdict activity were available for 98.7% of trials. 

c

For tort trials in which plaintiffs did not prevail, data on plaintiff post verdict activity were available

for 98.6% of trials, and data on defendant post verdict activity were available for 98.7% of trials.

Defendants 3.5 129 9.6 10.3 3.8 79.9

Plaintiffs 22.2% 831 25.5% 84.5% 2.6% 6.6%

Plaintiff did not prevailc

Defendants 22.8 933 30.1 59.9 28.0 15.3

Plaintiffs 18.7% 766 9.5% 42.0% 42.4% 19.6%

Plaintiff prevailedb

sought by — of all trials Number judgment trial modification relief

Post verdict relief Percent amended New Award Other 

verdict relief sought JNOV or

Percent of trials in which litigants 

sought post verdict reliefa Tort trials in which post

Table 8. Type of post verdict relief sought by plaintiffs or defendants 

in tort trials in State courts in the Nation's 75 largest counties, 2001

Note: Post verdict motions filed by plaintiffs or defendants include motions for judgments notwithstanding the verdict, amended judgments, new trials, award modifications, and other relief.

a

The type of post verdict relief granted may not sum to 100% because the post verdict relief

categories are not mutually exclusive. 

b

The number of litigants seeking post verdict relief in table 9 differs from the number posted in

table 8 because of missing or incomplete post verdict relief granted data. 

c

Among tort trials where plaintiffs prevailed, data on the granting of post verdict relief were available for 95.5% of the 766 trials where the plaintiff sought post verdict relief and 96.6% of the 933

trials where the defendant sought post verdict relief. 

d

Among tort trials where plaintiffs did not prevail, data on the granting of post verdict relief were 

available for 98.1% of the 831 trials where the plaintiff sought post verdict relief and 95.5% of the

129 trials where the defendant sought post verdict relief. 

Defendants 124 32.8 7.4 17.9 7.1 70.5

Plaintiffs 816 8.7% 4.2% 53.5% 6.2% 37.5%

Plaintiff did not prevaild

Defendants 901 28.0 9.8 14.0 61.4 16.8

Plaintiffs 731 41.6% 5.0% 8.6% 66.1% 21.0%

Plaintiff prevailedc

sought relief granted judgment trial modification relief b granted to — 

Post verdict relief Number Percent in which amended New Award Other 

relief in tort trials JNOV or

Percent of tort trials in which litigants

sought and were granted reliefa Post verdict

Table 9. Type of post verdict relief granted to plaintiffs or defendants

in tort trials in State courts in the Nation's 75 largest counties, 2001

7

Paula Hannaford-Agor, 2004, Not Quite the

End of the Road: Post Trial Activity in Civil

Litigation, Williamsburg, VA: National Center 

for State Courts.
Plaintiffs were more likely to be granted

post verdict relief if they won at trial

(table 9). The courts granted post

verdict relief to 42% of plaintiff winners

seeking to have their verdict modified.

The most common form of post verdict

relief granted to these plaintiffs was an

award modification. In comparison 9%

of plaintiffs who did not prevail at trial

and who subsequently filed a post

verdict motion received some form of

post trial relief. About half of these

plaintiffs were granted a new trial and

38% received some form of “other”

relief.

Post verdict relief was granted to 28%

of defendants who sought to modify a

favorable plaintiff verdict or judgment.

In nearly two-thirds of these cases, the

relief granted was in the form of an

award modification and in 14% of these

cases a new trial was granted.

Although less than 5% of defendants

sought to modify a verdict or judgment

that went against the plaintiff, nearly a

third of these defendants were granted

some type of post verdict relief.

Appeals in tort trials

Filing a notice of appeal to the State’s

intermediate appellate court or court of

last resort represents another option

for litigants seeking to overturn or

modify a verdict or judgment that they

believe does not comply with State law.

Appeals to a State supreme or intermediate appellate court were filed in

13% of tort trials (not shown in a table).

The appeal rate depended upon the

trial outcome. Plaintiffs filed appeals in

4% of tort trials in which they prevailed

and 11% of tort trials in which they lost

(table 10). Defendants gave notice of

appeal in 11% of tort trials with a plaintiff winner; however, they rarely filed

appeals in tort trials where the plaintiff

did not receive a favorable verdict. 

The rate of appeals also varied

substantially by case type. Defendants

filed notices of appeal in about 40% of

slander/libel and false arrest imprisonment trials in which they lost. Defendants also gave notice of appeal in

28% of medical malpractice, 31% of

professional malpractice, and 38% of

product liability trials with prevailing

plaintiffs. Among tort trials that the

plaintiff lost, plaintiffs filed an appeal in

at least 20% of product liability and

slander/libel trials and in 30% or more

of trials involving professional malpractice or conversion issues.

Methodology

Definitions of disposition types: 

Jury trial A trial held before and

decided by a group of laypersons

selected according to the law presided

over by a judge culminating in a verdict

for the plaintiff(s) and/or defendant(s).

Bench trial (nonjury trial) A trial held

in the absence of a jury and decided by

a judge culminating in a judgment for

the plaintiff(s) or defendant(s).

Directed verdict In a case in which the

party with the burden of proof has

failed to present a prima facie case for

jury consideration, a trial judge may

order the entry of a verdict without

allowing the jury to consider it,

because, as a matter of law, there can

be only one such verdict. 

Judgment notwithstanding the

verdict ("JNOV" or Judgment non

obstante veredicto) A judgment

rendered in favor of one party despite

the finding of a jury verdict in favor of

the other party.

Jury trials for defaulted defendants 

Some States make provisions for a jury

to be impaneled even if the defendants

in a case fail to appear and enter a

defense. The purpose of a trial is

typically to decide issues such as

amount of damages.

Definitions of civil case types

Torts Claims arising from personal

injury or property damage caused by

negligent or intentional acts of another

person or business. Specific tort case

types include: automobile accident;

premises liability (injury caused by the

dangerous condition of residential or

commercial property); medical

malpractice (by doctor, dentist, or

medical professional); other professional malpractice (such as by lawyers,

engineers, and architects); product

liability (injury or damage caused by

defective products; injury caused by

toxic substances such as asbestos);

libel/slander (injury to reputation);

intentional tort (vandalism, intentional

 Tort Trials and Verdicts in Large Counties, 2003 9

Note: Tort trials appeals data were available for 99.0% of tort trials where the plaintiff 

prevailed and 99.4% of tort trials where the plaintiff did not prevail. Detail may not sum 

to total because of rounding.

--No cases recorded.

a

Includes bench and jury trials, trials with a directed verdict, judgments notwithstanding the

verdict, and jury trials for defaulted defendants.

Other or unknown tort 195 6.7 27.7 187 19.9 1.2

False arrest, imprisonment 19 5.2 42.1 24 4.9 --

Conversion 13 21.8 17.0 15 38.5 --

Animal attack 66 1.5 8.2 33 6.3 --

Slander/libel 39 11.4 42.9 55 22.2 --

Professional malpractice 54 5.5 31.2 47 34.0 --

Medical malpractice 306 10.6 27.7 832 13.8 0.5

Intentional tort 213 2.8 15.6 158 18.4 --

Other 52 11.8 39.4 74 24.6 4.0

Asbestos 17 5.7 34.2 12 16.4 --

Product liability 70 10.3 38.1 86 23.4 3.5

Premises liability 524 4.8 13.8 726 11.0 1.6

Automobile 2,606 2.7% 5.3% 1,614 5.8% 0.6%

All tort trialsa 4,105 4.1% 11.2% 3,778 10.9% 0.8%

Case type tort trials Plaintiff Defendant tort trials Plaintiff Defendant

Number of Cases appealed by— Number of Case appealed by —

Tort trials with plaintiff winners Tort trials without plaintiff winners

Table 10. Tort trials in which plaintiff or defendant gave notice of appeal 

in State courts in the Nation's 75 largest counties, 2001
personal injury); animal attack (the

negligent supervision of a dog or other

animal resulting in an attack); conversion (unauthorized use or control of

another person’s personal property);

false arrest/imprisonment (an arrest or

imprisonment without the proper legal

authority); and other negligent acts

(negligence against another party for

an act not represented by the other

case categories).

Sample

The sample design for the 2001 civil

trial study was similar to the ones used

for the 1996 and 1992 BJS civil trial

studies. The sample is a 2-stage stratified sample with 46 of the 75 most

populous counties selected at the first

stage. The 75 counties were divided

into 5 strata based on 1990 civil disposition data obtained through telephone

interviews with court staff in the

general jurisdiction trial courts. Stratum

1 consisted of the 14 counties with the

largest number of civil case dispositions. Every county in stratum 1 was

selected with certainty. Stratum 2

consisted of 13 counties with 11

chosen for the sample. From stratum

3, 10 of the 18 counties were selected.

Nine of the 26 counties in stratum 4

were included in the sample. Stratum 5

was added to the 2001 sample to

replace Norfolk County, Massachusetts, a stratum 4 site that participated in the 1992 and 1996 studies but

that fell out of the 75 most populous

counties in the 2000 Census. Mecklenburg County, North Carolina, and El

Paso County, Texas, were randomly

selected from the 4 counties whose

population increased sufficiently that

they joined the ranks of the 75 most

populous counties.

The second stage of the sample

design involved generating lists of

cases that would be coded. Prior to

drawing the 2001 case sample, each

participating jurisdiction was asked to

identify a list of cases that had been

disposed of by jury trial or bench trial

between January 1, 2001, and December 31, 2001. Trial cases were to meet

the following definitional criteria for jury

and bench trials as defined by the

Bureau of Justice Statistics and the

National Center for State Courts: (1) A

jury trial was defined as "a trial held

before and decided by a jury of laypersons and presided over by a judge

culminating in a verdict for the

plaintiff(s) or defendant(s)," and (2) A

bench trial was defined as "a trial held

in the absence of a jury and decided by

a judge culminating in a judgment for

the plaintiff(s) or defendant(s)."

The study plan was to obtain every jury

and bench trial disposed from the court

of general jurisdiction in each of the

counties selected for the study. In

courts where the number of trials

became too great, a sample of civil

trials was selected. Regardless of

whether all or a sample of civil trials

was collected, every medical malpractice or product liability case was

included to oversample these case

types.

At the second stage of sampling, all

tort, contract, and real property cases

disposed of by bench or jury verdict

between January 1, 2001, and December 31, 2001, were selected in 43 jurisdictions. In two of the remaining three

jurisdictions (Cook and Philadelphia), a

sample of civil trials was selected and

then “weighted” to obtain an appropriate number of civil trials. In Bergen

County some civil case files were

unavailable for coding purposes.

Weights were applied in Bergen

County in order to account for these

missing cases. 

Data on 6,215 civil jury trial cases,

1,958 civil bench trial cases, and 138

other civil trial cases that met the study

criteria were collected in the 46 courts.

The final sample consisted of 8,311

tort, contract, and real property cases

disposed of by jury or bench trial.

Sampling error

Since the data in this report came from

a sample, a sampling error (standard

error) is associated with each reported

number. In general if the difference

between 2 numbers is greater than

twice the standard error for that difference, there is confidence that for 95

out of every 100 possible samples a

real difference exists and that the

apparent difference is not simply the

result of using a sample rather than the

entire population. All differences

discussed in the text of this report were

statistically significant at or above the

95-percent confidence level. Standard

error estimates were generated by

using a bootstrap method (jackknife)

available for WESVAR PC.

Data coding

For each sampled case, a standard

coding form was manually completed

by on-site court staff to record information about the litigants, case type,

processing time, and award amounts.

10 Tort Trials and Verdicts in Large Counties, 2001

The Bureau of Justice Statistics 

is the statistical agency of the 

U.S. Department of Justice. 

Lawrence A. Greenfeld is director.

This BJS Bulletin presents the third

release of findings in a series of

reports from the Civil Justice Survey 

of State Courts, 2001. 

Thomas H. Cohen wrote this Bulletin

under supervision of Steven K. Smith.

Lynn Bauer provided statistical review.

Data collection was supervised by the

National Center for State Courts

(NCSC); Paula Hannaford-Agor was

the project director. Paula HannafordAgor and Neil LaFountain of the

NCSC provided comments. Tom

Hester, Devon Adams, and Tina

Dorsey edited the report. Jayne 

Robinson prepared the report for 

final printing.

November 2004, NCJ 206240 J
 Tort Trials and Verdicts in Large Counties, 2003 11

Note: Standard errors were calculated by using the jackknife method (JKN) generated by

WESVAR PC. Award data were rounded to the nearest thousand.

 to final verdict 21.5 mo 0.6 mo 20.3 mo 22.8 mo

Median months from filing

 Punitive 1,694,000 469,000 761,000 2,626,000

 Final $565,000 $49,000 $468,000 $663,000

Mean award to plaintiff winners

 Punitive 25,000 11,000 13,000 56,000

 Final $27,000 $2,000 $24,000 $32,000

Median award to plaintiff winners

with a plaintiff winner 51.6% 1.0% 49.6% 53.5%

Percent of tort trials

 Other 1.9 0.1 1.6 2.2

 Bench trial 7.3 0.6 6.1 8.5

 Jury trial 90.8% 0.6% 89.7% 91.9%

Percent decided by —

 Other or unknown tort 390 33 325 455

 False arrest, imprisonment 45 8 29 61

 Conversion 27 4 18 36

 Animal attack 99 14 71 126

 Slander/libel 95 14 66 123

 Professional malpractice 102 14 74 129

 Medical malpractice 1,156 74 1,008 1,304

 Intentional tort 375 26 323 426

 Product liability 158 10 137 179

 Premises liability 1,268 72 1,125 1,411

 Automobile 4,235 228 3,781 4,690

Number of tort trials 7,948 366 7,219 8,677

Estimate error Lower Upper

standard 95% - confidence interval

One

Appendix A. Selected estimates, standard errors, and confidence intervals,

civil trial 2001 survey

a

Includes bench and jury trials, trials with a

directed verdict, judgments notwithstanding the verdict, and jury trials for defaulted

defendants. 

b

Includes only the central district of the 

Los Angeles County Superior Court. Los

Angeles county suburban courts are not

included.

Worcester, MA 28 17.9

Middlesex, MA 88 18.2

Honolulu, HI 9 33.3

Bexar, TX 70 34.3

Middlesex, NJ 253 34.8

Wayne, MI 144 35.4

Contra Costa, CA 22 36.4

Suffolk, MA 41 36.6

Essex, NJ 124 37.1

Essex, MA 24 37.5

Bergen, NJ 145 37.9

Allegheny, PA 192 41.7

Harris, TX 340 41.8

Los Angeles, CA 129 43.4 b

New York, NY 255 44.3

Jefferson, KY 107 45.8

Oakland, MI 94 46.8

Orange, CA 171 47.4

Ventura, CA 43 48.8

Fresno, CA 26 50.0

San Bernardino, CA 65 50.8

Marion, IN 84 51.2

El Paso, TX 54 53.7

St. Louis, MO 78 53.8

Maricopa, AZ 230 54.3

Hennepin, MN 123 54.5

Dallas, TX 175 54.9

Cook, IL 339 54.9

Fairfax, VA 151 55.0

Hartford, CT 86 55.8

San Francisco, CA 76 56.6

Philadelphia, PA 500 56.6

Du Page, IL 77 57.1

Franklin, OH 94 57.4

Cuyahoga, OH 178 58.4

Dade, FL 270 58.5

Orange, FL 27 59.3

Fairfield, CT 55 60.0

Alameda, CA 56 60.7

Santa Clara, CA 46 60.9

King, WA 117 64.1

Pima, AZ 74 64.9

Palm Beach, FL 132 65.2

Mecklenburg, NC 80 66.3

Fulton, GA 87 69.0

Milwaukee, WI 97 69.1%

County Number winners

plaintiff

Percent 

All tort trialsa

Appendix B. Tort trial winners in

State courts by sampled counties,

2001
12 Tort Trials and Verdicts in Large Counties, 2001

Note: Excludes cases with missing award amounts. Final amount awarded includes both compensatory (reduced for contributory 

negligence), costs and fees, and punitive damage awards. Award data were rounded to the nearest thousand. 

--No cases recorded.

*Not a median but the actual amount awarded. 

a

Includes only the central district of the Los Angeles County Superior Court. Los Angeles suburban courts are not included.

Milwaukee, WI 97 66 6,800,000 19,000 2 102,000 51,000

King, WA 117 74 43,935,000 37,000 4 125,000 10,000

Fairfax, VA 151 83 8,437,000 12,000 10 942,000 14,000

Harris, TX 340 137 84,056,000 21,000 7 34,877,000 100,000

El Paso, TX 54 29 2,595,000 11,000 4 607,000 53,000

Dallas, TX 175 96 $67,300,000 $19,000 5 $23,277,000 $750,000

Bexar, TX 70 24 99,142,000 31,000 3 76,937,000 1,737,000

Philadelphia, PA 500 283 378,447,000 40,000 4 149,067,000 49,000

Allegheny, PA 194 80 23,227,000 13,000 2 3,010,000 1,505,000

Franklin, OH 94 52 20,805,000 15,000 8 4,320,000 6,000

Cuyahoga, OH 178 103 20,034,000 16,000 6 572,000 55,000

Mecklenburg, NC 80 53 11,450,000 14,000 3 518,000 16,000

New York, NY 256 111 145,434,000 300,000 3 7,850,000 700,000

Middlesex, NJ 253 87 15,406,000 57,000 3 55,000 17,000

Essex, NJ 124 45 13,304,000 41,000 -- -- --

Bergen, NJ 145 53 $8,776,000 $27,000 4 $370,000 $86,000

St. Louis, MO 78 42 1,437,000 13,000 1 5,000 5,000*

Hennepin, MN 123 55 7,096,000 29,000 -- -- --

Wayne, MI 144 46 26,551,000 65,000 -- -- --

Oakland, MI 94 42 8,769,000 61,000 -- -- --

Worcester, MA 28 5 169,000 8,000 -- -- --

Suffolk, MA 41 15 5,600,000 51,000 1 2,750,000 2,750,000*

Middlesex, MA 88 16 19,005,000 41,000 -- -- --

Essex, MA 24 9 10,720,000 42,000 -- -- --

Jefferson, KY 107 46 7,487,000 16,000 4 100,000 11,000

Marion, IN 84 43 $2,726,000 $13,000 3 $510,000 $5,000

Du Page, IL 77 44 5,358,000 8,000 1 150,000 150,000*

Cook, IL 339 185 152,823,000 76,000 3 11,000 4,000

Honolulu, HI 9 3 1,585,000 550,000 1 500,000 500,000*

Fulton, GA 87 60 6,313,000 6,000 4 171,000 53,000

Palm Beach, FL 132 84 21,642,000 42,000 2 5,000,000 2,500,000

Orange, FL 27 16 9,272,000 78,000 -- -- --

Dade, FL 270 145 136,098,000 88,000 4 850,000 175,000

Hartford, CT 86 48 8,049,000 18,000 3 629,000 150,000

Fairfield, CT 55 33 2,134,000 18,000 -- -- --

Ventura, CA 43 21 $1,677,000 $30,000 2 $105,000 $53,000

Santa Clara, CA 46 28 7,515,000 24,000 1 250,000 250,000*

San Francisco, CA 76 43 143,533,000 80,000 -- -- --

San Bernardino, CA 65 33 38,852,000 135,000 4 3,032,000 14,000

Orange, CA 171 81 101,670,000 42,000 5 235,000 50,000

Los Angeles, CA 130 56 21,508,000 69,000 4 1,805,000 102,000 a

Fresno, CA 26 13 6,293,000 75,000 1 50,000 50,000*

Contra Costa, CA 22 8 2,766,000 108,000 1 15,000 15,000*

Alameda, CA 56 33 47,809,000 64,000 3 951,000 350,000

Pima, AZ 74 48 5,405,000 26,000 5 28,000 6,000

Maricopa, AZ 230 124 $25,322,000 $14,000 4 $175,000 $10,000

County tort trials award winners awards award winners awards award

number of of plaintiff Total of all Median of plaintiff Total of all Median

Total Number Number

Final amount awarded to plaintiff winners Punitive damages awarded to plaintiff winners

Appendix C. Final and punitive damage awards for plaintiff winners in tort trials, by sampled counties, 2001